- 1 - HC-KAR NC: 2025:KHC-D:7546 WP No. 103068 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103068 OF 2025 (GM-POLICE) BETWEEN: SMT. UMA W/O. SHRIKANTASWAMI HIREMATH, AGE: 35 YEARS, OCC: HOUSEHOLD, R/O. UDAY NAGAR, ANNIGERI, TQ: ANNIGERI, DIST: DHARWAD-582201. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560007. 2. THE SUPERINTENDENT OF POLICE, DHARWAD-580001. 3. CIRCLE POLICE INSPECTOR, NAVALGUND POLICE STATION, AT NAVALGUND, DIST: HAVERI-582208. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY SUCH WRIT OR DIRECTION TO DIRECT THE RESPONDENT NO.2 AND 3 TO CONSIDER THE REPRESENTATION DATED 24/03/2025 VIDE ANNEXURE-C AND PROCURE AND PRESENT THE PETITIONER’S HUSBAND BEFORE THE HON’BLE CIVIL JUDGE AND JMFC, AT NAVALGUND IN CRL. MISC. NO.77 OF 2024, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7546 WP No. 103068 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel for the petitioner. Learned AGA is directed to take notice for the respondents. 2. The present petition is filed by the petitioner seeking to consider the representation dated 24.03.2025. 3. The petitioner is the wife of Shrikantswamy s/o Basavarajswamy Hiremath. The petitioner filed petition under Section 125 of Cr.P.C. against her husband Shrikantswamy s/o Basavarajswamy Hiremath. In the said proceedings, she has filed I.A.No.1 under Section 125(1) of Cr.P.C. seeking interim maintenance which came to be allowed. After contest, a sum of Rs.2000/- is awarded as interim maintenance to the petitioner. 4. The petitioner initiated proceedings under Section 125(3) of Cr.P.C. for recovery of the amount of maintenance as her husband failed to pay the amount in Crl.Misc.No.77/2024 in recovery proceedings. The arrears of maintenance amounts to Rs.32,000/-. In the said recovery proceedings, maintenance amount was not paid. FLW was issued and her husband was sent to judicial custody for 15 days for non-payment of interim - 3 - HC-KAR NC: 2025:KHC-D:7546 WP No. 103068 of 2025 maintenance. Thereafter the petitioner’s husband Shrikantswamy s/o Basavarajswamy Hiremath was released. Pursuant to which, he never appeared before the Court so also not paid any interim maintenance. The petitioner being poor lady, unable to maintain herself, without any source of income, was left in a lurch, due to financial constraint and difficulty. As respondents are not performing their obligation and duty as per law, the petitioner is constrained to approach this Court seeking an order from this Court to procure and present her husband Shrikantswamy s/o Basavarajswamy Hiremath in the recovery proceedings before the Civil Judge and JMFC, Navalgund. The petitioner made a representation dated 24.03.2025 before the respondent Nos.2 and 3 which has not been considered. 5. Learned AGA contends that the present petition is not maintainable as it amounts to abuse of process of the Court, moreover this Court is not an Executing Court for the petitioner to execute an order to procure the presence of her husband to be present in the recovery proceedings in Crl.Misc.No.77/2024. He contends that the petition deserves to be dismissed with exemplary costs for wasting the precious time of the Court and for misusing the judicial process. - 4 - HC-KAR NC: 2025:KHC-D:7546 WP No. 103068 of 2025 6. I have heard the learned counsel for the petitioner, the learned AGA for the respondents-State and perused the records and the submissions. 7. The petitioner is making an effort to abuse the process to this Court to secure the presence of her husband, who is accused/respondent in the recovery proceedings in Crl.Misc.No.77/2024, arising out of proceedings under Section 125(3) of the erstwhile Cr.P.C. The procedure contemplated under Section 125(3) of Cr.P.C. has to be exhausted by the petitioner in the manner known to law under the procedure laid down therein, rather than approaching this Court to procure the presence of her husband namely Shrikantswamy s/o Basavarajswamy Hiremath and keeping him present before the recovery proceedings in Crl.Misc.No.77/2024. If such petitions are allowed, it will lead to multiple proceedings and opening flood gates for such cases being filed before this Court to execute the order of Civil Judge and JMFC for recovery proceedings which is not permissible. If the respondent- authorities have not acted in accordance with law, there is remedy available to approach the Civil Judge and JMFC in the matter pending before it for further course of action as - 5 - HC-KAR NC: 2025:KHC-D:7546 WP No. 103068 of 2025 contemplated therein. The petitioner cannot invoke the jurisdiction of this Court to procure the presence of her husband, as it is not her case that he is being kept in illegal detention or is otherwise in unlawful custody or missing. Under the circumstances, I am in agreement with the learned AGA that the present petition is not maintainable and the same requires to be dismissed. Accordingly, I pass the following: ORDER Petition is dismissed. Liberty is reserved to the petitioner to approach the Civil Judge and JMFC to procure the presence of her husband in accordance with law and in the manner known to law. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK \ List No.: 1 Sl No.: 34