- 1 - HC-KAR NC: 2025:KHC-D:12916 WP No. 102099 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 102099 OF 2025 (GM-RES) BETWEEN: RASHMI V. RAO, AGE. 48 YEARS, OCC. NILL, PRESENTLY RESIDING AT: ARJUN VIHAR, GOKUL ROAD, HUBBALLI-580 030. … PETITIONER (BY SMT. RASHMI V. RAO, PARTY IN PERSON) AND: SUDHABHAI S. RAO, C/O. ADVOCATE, S.S. BETHURMATH, NALAWADI BUILDING, LINE BAZAR, DHARWAD-580 001. … RESPONDENT (BY SRI. S.S. BETURMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 15/01/2025 AND ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION THEREBY DIRECTING THE II ADDL. DISTRICT AND SESSIONS COURT, DHARWAD TO PASS NECESSARY ORDERS ON INTERIM APPLICATION (ANNEXURE-E PG. NO.42) AND MEMO (TYPE COPY ANNEXURE-B PG. NO.59) IN WHICH THE HEARING IS ALREADY COMPLETED, AND ONLY AFTER IMPLEMENTATION OF ITS INTERIM ORDER MATTER MAY BE PROCEEDED TO HEAR ON MAIN MATTER, WITHOUT OVERSTEPPING THE JURISDICTION AND ALSO THE II ADDL. DISTRICT AND SESSIONS COURT DHARWAD BE DIRECTED TO SECURE THE CORRESPONDENCE ADDRESS OF RESPONDENT AS THE RESPONDENT AS THE RESPONDENT HEREIN HAS MOVED FROM THE ADDRESS MENTIONED IN THE CAUSE LIST. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12916 WP No. 102099 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Petitioner is before this Court under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. with a prayer to issue a writ of mandamus directing the Court of II Additional District and Sessions Judge, Dharwad, to pass necessary orders on the interim application filed by the petitioner at Annexure – E, wherein she has claimed maintenance at the rate of ₹1,00,000/- from the employer of her deceased husband. 2. Heard the petitioner, who has appeared virtually before this Court in person and also the learned advocate appearing for respondent. 3. Perusal of the material on record would go to show that petitioner herein had initiated proceedings in Crl.Misc. No.123 of 2017 before the Jurisdictional Court of Magistrate against her husband and others, under the provisions of Protection of Women from Domestic Violence Act. Aggrieved by the order dated 05.11.2018 passed by - 3 - HC-KAR NC: 2025:KHC-D:12916 WP No. 102099 of 2025 the learned Magistrate in Criminal Miscellaneous No.123 of 2017, wherein the petition filed under Section 28 of the Act by the petitioner was dismissed. The petitioner had filed Criminal Appeal No.99 of 2018 before the Court of Principal District and Sessions Judge, as provided under Section 29 of the Protection of Women from Domestic Violence Act. 4. It appears that in the said appeal, she has filed an application seeking interim maintenance from the employer of her husband. Material on record would go to show that the said application is filed on 21.03.2019 and a detailed statement of objection is filed by the learned counsel for the respondent, opposing the said application, though prayer is not made in the said application against the respondent. 5. The grievance of the petitioner, who is appearing before this Court in person is that the said application dated 21.03.2019, for which objections were filed on 05.04.2019 has not been considered by the Appellate Court and no - 4 - HC-KAR NC: 2025:KHC-D:12916 WP No. 102099 of 2025 orders have been passed till date. I am of the considered view that the Appellate Court is not justified in keeping the said application pending since the petitioner is seeking for some monetary relief in the said application. Therefore, the following: ORDER Writ Petition is allowed. The Appellate Court, namely the Court of II Additional District and Sessions Judge, Dharwad, is directed to consider the application filed by the petitioner vide Annexure – E dated 21.03.2019 and dispose of the same on merits as expeditiously as possible, but not later than a period of two months from the date of receipt of copy of this order. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK & RSH / CT:BCK LIST NO.: 1 SL NO.: 14