- 1 - NC: 2025:KHC:13245-DB CCC No. 557 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND CCC No. 557 OF 2024 (CIVIL) BETWEEN: 1. SMT. SAVITA, D/O BASAVANTRYA GOUDA S MUDNUR, AGED ABOUT 32 YEARS, R/AT No. 2081, 'SAI SADAN', HIGH STREET, GANESHPUR, BELAGAUM - 591108. …COMPLAINANT (BY SRI VASANTH KUMAR H. T., ADVOCATE) AND: 1. SRI ANUP HARKUNI, S/O BASAVARAJ HARKUNI, AGED ABOUT 36 YEARS, R/AT No. 251/A, 1ST FLOOR, 18TH C MAIN, KORAMANGALA, 6TH BLOCK, BENGALURU 560095. …ACCUSED (BY SRI BASAVARAJ R. BANNUR, ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT PRAYING TO SECURE THE ACCUSED HEREIN INITIATE CONTEMPT PROCEEDINGS FOR NON COMPLIANCE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN MFA No.3231/2021 DATED 28.03.2024 VIDE ANNEXURE - A. THIS CCC COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13245-DB CCC No. 557 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The directions of the Division Bench in the order dated 28.03.2024 passed in Miscellaneous First Appeal No.3231 of 2021 which is brought under the contempt jurisdiction read as under, "(ii) The judgment and decree passed by the Trial Court in M.C. No.3411/2016 ordering to pay the maintenance of `40,000/- per month and the litigation expenses as ordered, is hereby confirmed. (iii) The appellant is hereby directed to deposit or make payment of the arrears of maintenance digitally to the respondent till the month of February-2024 within two months from today." 2. In course of hearing of this contempt petition, the order was passed on 20.08.2024. On that day, the memo of calculation upto 22.08.2024 filed by learned advocate for the complainant was taken note of. 3. In the said order, it was recorded inter alia as under, "3. It is stated that monthly maintenance payable is Rs.40,000/- per month and further one time litigation expenses is payable to the tune of Rs.20,000/- as directed. Thereafter, the following details are given about the payment to be made by the respondent, - 3 - NC: 2025:KHC:13245-DB CCC No. 557 of 2024 (a) From 23.03.2021 to 22.08.2024 41 months Rs.40,000X41 Rs.16,40,000/- (b) Litigation expenses Rs. 20,000/- Total Rs.16,60,000/- 3.1 It is stated that total Rs.16,60,000/- is payable, out of which, Rs.3,80,000/- is paid and the balance amount of Rs. 12,80,000/- is yet to be paid to the complainant. The Miscellaneous First Appeal was decided on 28.03.2024. 4. When an query was put to learned advocate for the respondent about the time within which the respondent would be able to discharge the liability in respect of Rs.12,80,000/-, learned advocate for the respondent stated on instructions from the respondent, who is stated to be present in the Court, that within twelve weeks from today the amount will be paid. 5. In the above view, the following directions are issued at this stage, (i) The respondent shall pay to the complainant Rs.2,50,000/- within one week. (ii) The respondent shall file affidavit about his commitment that the remainder amount will be paid within twelve weeks from today. Such affidavit shall be filed before the next date. (iii) Further orders regarding the treatment of the balance of amount shall be passed in the subsequent proceedings." 3.1 In the order dated 27.02.2025, the matter was further considered and it was recorded that as per the earlier order dated 24.01.2025, the respondent was ready to pay total amount of Rs.10,30,000/- out of which, Rs.30,000/- was already paid and the - 4 - NC: 2025:KHC:13245-DB CCC No. 557 of 2024 balance Rs.10,00,000/- was agreed to be paid in two installments. The granting of further time was considered and the balance amount of Rs.5,00,000/-, which was left out from being paid out of Rs.10,00,000/- as above, was permitted to be paid within four weeks. 4. Today when the contempt petition came up for consideration, learned advocate Mr. Basavaraj R. Bannur for the respondent produced the memo giving the details of payment of the said amount of Rs.5,00,000/-. The memo suggests that the total amount of Rs.16,60,000/- has been paid to the complainant towards arrears of permanent alimony. The memo is taken on record. 5. As per the original directions, the respondent was required to pay maintenance till February 2024. The aforesaid calculation shows that the maintenance amount has been paid by the respondent upto August 2024. 5.1 It was stated that the execution petition is pending. 5.2 The details given above and the payments made by the respondent mark compliance of the directions of the Division Bench about the payment. The payment was made even beyond the - 5 - NC: 2025:KHC:13245-DB CCC No. 557 of 2024 period of February 2024. Therefore, the contempt petition is liable to be closed. 6. The rest of the claims, if any, for future maintenance are permitted to be agitated in the execution proceedings in accordance with law. All contentions of both the parties are kept open. 7. The present contempt petition is accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 39