- 1 - HC-KAR NC: 2025:KHC:38071 WP No. 6956 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6956 OF 2025 (GM-FC) BETWEEN: SMT. ROOPA B.K., D/O KANTHA RAJU AGED ABOUT 43 YEARS R/AT KENGERI BANGALORE-560 060 …PETITIONER (BY SRI. GURUDATH B.S., ADVOCATE) AND: SRI.PRAVEEN S/O RAVI KUMAR AGED ABOUT 44 YEARS R/AT NO.844, 23-A CROSS 22ND MAIN ROAD, SECTOR -2 HSR LAYOUT BENGALURU- 560 102 …RESPONDENT (BY SRI. HANUMANTHARAYAPPA K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER PASSED VIDE DATED: 07.12.2024 IN EX 116/23 PASSED BY VI ADDL. JUDGE, FAMILY COURT, BANGALORE VIDE ANNEXURE-D BY ALLOWING THIS WP. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38071 WP No. 6956 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on I.A.No.10 in Ex.P.No.*116/2023, Dated:07/12/2024 by the VI Addl. Prl. Judge, Family Court, Bengaluru, whereby the court has rejected the application filed by the decree holder and consequently Ex.P. No.200/2016 filed by the Decree Holder against the Judgment Debtor for recovery of 50% of the educational expenses, monthly maintenance and other miscellaneous expenses is closed as fully satisfied and also it is made clear that the order does not come in the way of the Decree Holder to recover the maintenance amount, 50% of the educational expenses and other miscellaneous expenses as per the orders of the court in G & WC.No.242/2011 after deducting the amount already paid by judgment Debtor, in excess of the claim of the petitioner in accordance with law. Aggrieved by this order, the decree holder is before this court. 2. Learned counsel for the respondent/judgment debtor has filed G&WC.No.242/2011 for custody of the child. In that the mother had filed an application for interim maintenance * Corrected vide chamber order dated: 04/12/2025. - 3 - HC-KAR NC: 2025:KHC:38071 WP No. 6956 of 2025 towards her daughter's maintenance and 50% of the educational, medical and other miscellaneous expenses of her daughter to be paid by the husband. Then an order was passed directing the husband to pay 50% of the educational, medical and other miscellaneous expenses and Rs.3,000/- per month as interim maintenance by order dated 06.09.2014. As the husband was irregular in paying the maintenance, the wife had filed Ex.P.No.200/2016. As there was arrears of Rs.3,03,147/-, the wife had claimed Rs.1,08,110/- which was due till the filing of the petition and the maintenance is recurring costs and at the time of filing of the said execution petition the husband was due of Rs.1,08,110/- and he has failed to pay the amount every month. As per order dated:06.09.2014 the maintenance charges, 50% educational expenses and other expenses it would come to an amount of Rs.3,03,147/- and the wife has filed an application under Order 6 Rule 17 r/w Sec.151 of CPC seeking the amendment of the said execution petition. 3. It is submitted that when the petitioner/decree holder has filed his memo of calculation, the judgment debtor has not filed his memo of calculation, but in the order it is recorded that - 4 - HC-KAR NC: 2025:KHC:38071 WP No. 6956 of 2025 the judgment debtor has filed his memo of calculation. It is submitted that if the court had looked into the memo of calculation filed by the decree holder and also if the memo of calculation is filed by the JDR, the true facts would have come to light and court could have appreciated the application on its merits. 4. On the last occasion when such a submission is made by the learned counsel for the petitioner/decree holder, this court has directed the family court to verify whether the judgment debtor has furnished the memo of calculation. Basing on the said order dated 11.09.2025, a report is placed before this court by the VI Addl. Principal Judge Family Court, Bangalore, in that it is stated that as verified from the order sheet in Ex.Case.No.116/2023, the Decree Holder has submitted memo of calculation on 08.04.2024 and JDR has not filed any memo of calculation. However, in the order on memo of calculation inadvertently it is mentioned that the JDR has furnished the memo of calculation for payment of maintenance every month commencing from November 2015 to August, - 5 - HC-KAR NC: 2025:KHC:38071 WP No. 6956 of 2025 2022. Hence, it is submitted by the learned judge that the JDR has not filed memo of calculation. 4. This court having considered the report of the learned judge it is clear that the court has failed to appreciate the application that is filed in its proper perspective. 5. In the light of the above discussion, this court is passing the following: ORDER i. The order passed I.A.No.10 in *Ex.P.No.116/2023, dated: 07/12/2024 by the VI Addl. Prl. Judge, Family Court, Bengaluru is set aside and the case is remanded back to the trial court for fresh consideration. ii. The memo of calculation that is filed by the decree holder is on record. The judgment debtor shall file the memo of calculation within a period of 10 days from the date of receipt of the copy of the order. Basing on that, the trial court shall pass orders in accordance with law. * Corrected vide chamber order dated: 04/12/2025. - 6 - HC-KAR NC: 2025:KHC:38071 WP No. 6956 of 2025 iii. Without further notice, the parties shall appear before the court on 15.10.2025. iv. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS,List No.: 1 Sl No.: 36