- 1 - HC-KAR NC: 2025:KHC-K:3341 WP No. 201625 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO.201625 OF 2025 (GM-RES) BETWEEN: SRI AATISH @ AATIF S/O MANMOHAN TIWARI, AGE:44 YEARS,OCC: EMPLOYEE (SENIOR ASSISTANT) KARNATAKA UNIVERSITY DHARWAD WORKING AT EXAM SECTION, R/O. KARNATAKA UNVIERSITY DHARWAD, PAVATE NAGAR TQ. DIST. DHARWAD-580001. …PETITIONER (BY SRI D.V. PATTAR, ADVOCATE) AND: 1. SHAHEEN W/O AATISH @ AATIF TIWARI, AGE:28 YEARS, OCC: HOUSEHOLD, R/O. ALLAPURBASE ROAD, VIJAYPUR, TQ. AND DIST. VIJAYAPUR-584120. 2. KUMAR ABDUL KABEER S/O AATISH @ AATIF TIWARI, AGE:09 YEARS, OCC: NIL, R/O. ALLAPURBASE ROAD, VIJAYPUR, TQ. DIST. VIJAYAPUR-584120. THE RESPONDENT NO.2 IS MINOR AND REPRESENTED BY HER NATURAL GUARDIAN I.E. RESPONDENT NO.1 …RESPONDENTS Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3341 WP No. 201625 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 528 OF BNSS PRAYING TO, A) ISSUE A WRIT OF IN THE NATURE OF CERTIORARI TO QUASHING THE IMPUGNED ORDER DATED 19-03-2025 ON INTERLOCUTORY APPLICATION NO. V FILED BY THE PETITIONER AND SAME WAS REJECTED BY THE HON’BLE PRINCIPAL JUDGE FAMILY COURT, VIJAYAPURA CRL.MISC NO.523/2021 VIDE ANNEXURE-F. B) PASS ANY OTHER ORDER AS THIS HON’BLE COURT DEEMS FITS ON THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri D.V.Pattar, learned counsel for the petitioner. 2. Petition is filed under Articles 226 and 227 of the Constitution of India read with Section 528 of BNSS, 2023 with the following prayer: “a) Issue a writ of in the nature of certiorari to quashing the impugned order dated 19-03-2025 on Interlocutory Application No.V filed by the petitioner and same was rejected by the Hon’ble Principal - 3 - HC-KAR NC: 2025:KHC-K:3341 WP No. 201625 of 2025 Judge Family Court, Vijayapura Crl.Misc.No.523/2021 vide Annexure-F. b) Pass any other order as this Hon’ble Court deems fits on the facts and circumstances of the case.” 3. Facts in brief, which are utmost necessary for disposal of present petition are as under: A petition under Section 127 of Cr.P.C. filed before the Family Court, Vijayapura by the respondents against the petitioner herein was registered in Crl.Misc.No.523/2021. 3.1 It is contended that the marriage of the present petitioner took place with respondent No.1 on 27.10.2013 at Bhagani Samaj Hall at Dharwad. At the time of marriage, a sum Rs.5,00,000/- was spent as the marriage expenses and 25 grams of gold chain and Rs.75,000/- cash was given to the petitioner and a sum of Rs.30,000/- was also given to the hands of the petitioner for purchase of dress materials and Rs.50,000/- towards household - 4 - HC-KAR NC: 2025:KHC-K:3341 WP No. 201625 of 2025 utensils apart from giving a wooden cot worth Rs.30,000/- and sofa set worth Rs.9000/-. 3.2 Petitioner herein led happy married life for a brief period. Respondent No.1 became pregnant and her parents celebrated the same by spending Rs.1,50,000/- and gold chain weighing 20 grams was given to the petitioner herein. Respondent No.1 gave birth to a male child and hospital expenses was also met by the parents of respondent No.1. 3.3 When the matter stood thus, on 02.04.2015, when respondent No.1 came back to her matrimonial house, there was cold response and after few days, she was sent out from the matrimonial house stating that another house would be arranged and she can come back and join the petitioner. But the said promise was never kept up and ultimately, even after two years, she was not allowed to join the petitioner. - 5 - HC-KAR NC: 2025:KHC-K:3341 WP No. 201625 of 2025 3.4 Ultimately, matrimonial proceedings were initiated and respondents herein filed a petition for maintenance, which was allowed by granting Rs.6,000/- to the respondents as monthly maintenance. 3.5 In the meantime, there was also a civil proceedings in O.S.No.281/2021 seeking an order of injunction and declaration in respect of some property. In the petition filed in Crl.Misc.No.523/2021, there is a prayer that the maintenance ordered in a sum of Rs.6,000/- is on the lower side and respondents are unable to maintain themselves. 3.6 There was also a revision petition filed seeking enhancement of the maintenance and at that juncture, an order came to be passed by this Court in RPFC No.200088/2017 on 02.11.2017, directing the respondents herein to file an application under Section 127 of Cr.P.C. seeking enhancement of the maintenance. - 6 - HC-KAR NC: 2025:KHC-K:3341 WP No. 201625 of 2025 3.7 In Crl.Misc.No.523/2021, I.A.V came to be filed by the petitioner herein questioning maintainability of the proceedings. Learned Trial Magistrate vide order dated 19.03.2025 dismissed I.A.V and held that proceedings in Crl.Misc.No.523/2021 is perfectly maintainable. Said order is questioned in this writ petition. 4. Learned counsel for the petitioner would contend that the learned Trial Judge in Vijayapur has no jurisdiction to entertain the petition under Section 127 of Cr.P.C. for want of territorial jurisdiction and thus sought for quashing the impugned order dated 19.03.2025 on I.A.V in Crl.Misc.No.523/2021. 5. On perusal of the material on record, it is crystal clear that the original order under Section 125 of Cr.P.C. came to be passed by the learned Judge in the Family Court, Vijayapur and any modification thereof is perfectly maintainable before the very same Court and - 7 - HC-KAR NC: 2025:KHC-K:3341 WP No. 201625 of 2025 that cannot be questioned on the ground of territorial jurisdiction. 6. Accordingly, this Court does not find merit in any one of the grounds urged in the writ petition seeking setting aside the order dated 19.03.2025, dismissing I.A.V, wherein, the petition was sought to be dismissed as not maintainable for want of territorial jurisdiction. 7. Hence, following order is passed: ORDER Writ petition is dismissed without notice to the respondents. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 16 CT:PK