- 1 - HC-KAR NC: 2025:KHC:18478 WP No. 15427 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15427 OF 2025 (GM-FC) BETWEEN: BHARATH HOLLA K., S/O LATE DINAKARA HOLLA, AGED ABOUT 39 YEARS, NO. 1256, 8TH B CROSS, 1 E MAIN, GIRINAGAR 2ND PHASE, BENGALURU – 560 085 KARNATAKA …PETITIONER (BY SRI. GANESHA K., ADVOCATE) AND: SURABHI HANDE AGED ABOUT 36 YEARS, W/O BHARATH HOLLA K., NO. 464/111, MANJUNATHA NILAYA NILGIRI ROAD, KASHIVISHWANATHA LAYOUT K.R. PURAM. BENGALURU -560 036 …RESPONDENT THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PETITION CRL. MISC. 1077/2024 FILED BY THE RESPONDENT UNDER SECTION 125(3) OF THE CODE OF CRIMINAL PROCEDURE, 1973, PENDING BEFORE THE WITH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, AS IN ANNEXURE -A1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18478 WP No. 15427 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: PRAYER “WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to, a) Issue a Writ of Certiorari or any other appropriate Writ(s) or Order(s) or Direction(s) or any of them or Quash the Petition Crl.Misc.1077/2024 filed by the Respondent under Section 125(3) of the Code of Criminal Procedure, 1973, pending before the VIth Additional Principal Judge, Family Court, Bengaluru, as in ANNEXURE "A1" ; and b) Take cognizance of perjury committed by the Respondent and initiate necessary criminal proceedings in the interest of justice and equity; and c) Grant such order(s) or relief(s) as this Hon'ble Court deems fit based on the facts and circumstances of the case, in the interest of justice and law.” 2. Learned counsel appearing for the petitioner/husband submits that the respondent/wife has made false statement before the Court and is guilty of perjury. It is submitted that the trial Court had failed to consider the application to initiate perjury proceedings. In this writ petition, petitioner is seeking a direction to quash Crl.Misc.No.1077/2024, where the wife had sought to issue Fine levy warrant against the husband towards the recovery of an amount of Rs.7,20,000/-. - 3 - HC-KAR NC: 2025:KHC:18478 WP No. 15427 of 2025 3. Order was passed in I.A.No.II in Crl.Misc.No.654/2021, wherein the Trial Court had granted maintenance of an amount of Rs.20,000/- per month to the wife. It is submitted that the order of maintenance is questioned before this Court and the same is pending consideration. Learned counsel submits that as the wife had committed perjury, the proceedings have to be quashed and she cannot recover the amount. 4. The entire submission of the learned counsel for the petitioner appears to be that the wife had stated that she voluntarily left the husband and on the other occasion, she stated that she has been thrown from the matrimonial home. According to the learned counsel for the petitioner, it amounts to misrepresentation and perjury. As such, she is not entitled for maintenance. Further, when the wife had voluntarily left the matrimonial home, in view of Section 125(4) of the Cr.P.C., she is not entitled for maintenance. This Court is not able to appreciate these submissions. The M.C.No.1178/2020 is filed by the wife seeking divorce on the ground of cruelty. When she filed an application for maintenance, at this juncture, this Court cannot give a finding whether she had left the home voluntarily - 4 - HC-KAR NC: 2025:KHC:18478 WP No. 15427 of 2025 or she is thrown out of the home and she is not entitled for maintenance. Hence, this Court finds no reasons to interfere. Accordingly, this Court is passing the following: ORDER i. The Trial Court shall decide Crl.Misc.No.1077/2024 as expeditiously as possible giving opportunity to both the parties and this Court finds no reasons to interfere with the impugned order. ii. Accordingly, the writ petition is disposed off. iii. This Court is not proposing to issue notice to the respondent as no adverse orders are passed against the respondent. iv. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 13