- 1 - HC-KAR NC: 2025:KHC-D:17077 WP No. 104077 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 104077 OF 2025 (GM-FC) BETWEEN: PAUL GOODWIN J, AGE: 50 YEARS, OCC: SERVICE, R/O H.NO.475, IIND E MAIN, MUTHYAL NAGAR, BANGALORE - 54 CELL NO: 6364444321. &PETITIONER (BY SRI. B.V. SOMAPUR, ADVOCATE) AND: SMT. JYOTIPRIYA D/O S. PETER, AGE: 44 YEARS, OCC: LECTURER, R/O: BHAGYAVILLA, BHAVANI NAGAR, KESHWAPUR, HUBBALLI, DT: DHARWAD 26 PH NO: 0836 2352853 CELL NO: 9448112853 &RESPONDENT (BY SRI.SHRIKANT T. PATIL, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:17077 WP No. 104077 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI QUASHING/SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI, IN EXECUTION CASE NO. 10/2020 DT. 09/09/2024 VIDE ANNEXURE-A; B. ISSUE ANY SUCH OTHER WRIT ORDER OR A DIRECTION AS THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court calling in question an order dated 9.9.2024 passed in execution proceedings in Execution Case No.10/2020. - 3 - HC-KAR NC: 2025:KHC-D:17077 WP No. 104077 of 2025 2. Heard Sri.B.V.Somapur, learned counsel appearing for the petitioner, Sri.Shrikant T. Patil, learned counsel appearing for the respondent. 3. The petitioner and the respondent get married on 21.01.2005. After about 8 years of marriage, it transpires that the relationship between the two turns sour and the wife files a petition seeking divorce in M.C.No.86/2015. The marriage between the parties is dissolved on 9.6.2020 granting decree of divorce, subject to the condition that the petitioner-husband would pay Rs.15,00,000/- as permanent alimony to the respondent-wife and rejected grant of any compensation. Execution Petition is preferred to execute the aforesaid decree as the husband fails to pay Rs.15,00,000/- permanent alimony. The Trial Court is said to have directed attachment of salary of the petitioner at Rs.30,000/- per month and directed the said amount to the account of the wife towards permanent alimony granted in M.C.No.86/2015 till its realization. The husband is before this Court calling the said order in question. - 4 - HC-KAR NC: 2025:KHC-D:17077 WP No. 104077 of 2025 4. I have given my anxious consideration to the submissions made by the learned counsel for the parties and have perused the material on record. 5. The concerned Court answering M.C.No.86/2015 dissolves the marriage on certain conditions. The order of dissolution of marriage is as follows: "The petition filed by the petitioner U/s 10 (1)(x) of the Indian Divorce Act is allowed. The marriage of the petitioner and respondent which was solemnized on 21-01-2005 at Saint Patrick Church, Bangalore is hereby dissolved and the decree of divorce is granted. The respondent is hereby directed to pay Rs.15,00,000/- permanent alimony to the petitioner. The respondent is hereby directed to return the articles pertaining to the petitioner as agreed. The prayer of the petitioner regarding compensation of Rs. 50,000/- per month to herself and her children is hereby rejected. Given under my hand and seal of the Court on this 30th day of June 2020." 6. The wife is constrained to file an Execution Petition in Execution Case No.10/2020. The concerned Court passes the following order: - 5 - HC-KAR NC: 2025:KHC-D:17077 WP No. 104077 of 2025 "Dhr present. Both counsels present. Counsel for Dhr filed memo with letter regarding particulars of the salary of the JDr. Call later on. At 12.10 p.m., Dhr present. Both counsels present. Perused letter issued by the Bharath Electronics limited regarding salary particulars of Jdr, Salary certificate discloses gross salary Rs.109558/-. As per letter issued by the Bharath Electronics Ltd., under Right to information Act, no deduction of the payment towards Court order and deduction mentioned is dues to Bharath electronics credit society. Particulars of loan is not mentioned. There is arrears of amount of Rs.885000/- and matter is for the year 2020. therefore, it is just and proper to pass appropriate order for deduction of salary of Jdr per month Rs.30000/-. After completion of recovery amount of this Court, his deduction towards Bharat Electronic credit society Ltd. Is continued. Today Counsel for Jdr has paid Rs. 10000/-. Balance amount of Rs.875000/-. Accordingly, issue attachment of salary of Jdr for Rs.30,000/- p.m. along with detail order. Call on 14.10.2024. Sd/- Prl.Judge, Family Court, Hubballi. 09.09.2024. Call later on. At 03.10 p.m., Jdr present and paid Rs.1,000/-. Counsel for the Jdr filed IA8 u/0.47 Rule 1 R/w.Sec.114 of CPC. For Objections to IA8/Balance amount Rs,8,74,000/-, Call on 29.10.2024. Sd/- Prl.Judge, Family Court, Hubballi" - 6 - HC-KAR NC: 2025:KHC-D:17077 WP No. 104077 of 2025 7. The petitioner's salary is directed to be attached as arrears as on the said date was Rs.8,85,000/- and the petitioner had not paid permanent alimony as was directed or as was a condition precedent of the dissolution of marriage between the petitioner and the respondent. On attachment of salary, the petitioner rushes to this Court. In the light of the decree of divorce being on the condition that the husband would pay permanent alimony of Rs.15,00,000/- and the husband not adhering to the said decree and the wife left with no option filing an execution, the Court has appropriately directed attachment of salary of the husband. There is no warrant of interference at the hands of this Court. 8. The petition lacking in merit, stands dismissed. Sd/- (M.NAGAPRASANNA) JUDGE KMV/CBC List No.: 1 Sl No.: 43