- 1 - HC-KAR NC: 2025:KHC:29438 WP No. 23503 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23503 OF 2024 (GM-FC) BETWEEN: 1. KUMARI YOGITHA, D/O SHASHIDHARA, AGED ABOUT 17 YEARS 2. MASTER NAKUL SIDDARTH S/O SHASHIDHARA, AGED ABOUT 15 YEARS BOTH ARE REPRESENTED BY THEIR MATERNAL GRANDFATHER/ NEXT FRIEND SRI KRISHNAMURTHY S/O HONNAPPA, AGED ABOUT 50 YEARS, R/O NO 61, NANDEESHWARA LAYOUT, 2ND D CROSS, HONGASANDRA MAIN ROAD, GARVEBHAVIPALYA, BENGALURU 560 068 …PETITIONERS (BY SRI. VIJAY A M., ADVOCATE) AND: 1. SRI. SHASHIDHARA, S/O LATE RAJAPPA, AGED ABOUT 40 YEARS, R/O PAPENAHALLI VILLAGE, TALYA HOBLI, HOLALKERE TALUK CHITRADURGA DISTRICT 577526 …RESPONDENT (BY SRI. AMIT M HEGDE.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29438 WP No. 23503 of 2024 20.07.2024 PASSED BY THE LEARNED VI ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN G AND W.C. NO. 104/2021 VIDE ANNEXURE-A ON IA FILED UNDER SECTION 26 OF THE HINDU MARRIAGE ACT READ WITH SECTION 151 OF CPC. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on an application filed under Section 26 of the Hindu Marriage Act read with Section 151 CPC seeking maintenance of an amount of Rs.5,000/- each and also to reimburse Rs.1,65,175/- paid towards school fees and tuition pertaining to the minors from 2019 onwards, the grant parents are before this Court. 2. The grand parents are having the custody of the child. Earlier in 125 Cr.P.C. proceedings, memorandum of settlement entered into between the parties. As per the same, the father has undertaken to take care of the educational expenses and custody will be with the grand parents and the father will have the visitation. When the visitation was not given to the father, the father had filed G & W.C. and as per the compromise, when the father failed to pay the maintenance, the grand parents have filed the IA for - 3 - HC-KAR NC: 2025:KHC:29438 WP No. 23503 of 2024 maintenance and also filed Criminal Miscellaneous seeking arrears. When a particular order is passed by the Court, if the same is not complied with, the party has a remedy to file an execution and also to seek further orders under Section 151 CPC. In stead of doing that, both the parties have come up with different applications. 3. The Court had discussed two aspects. One is with regard to filing of an application under Section 26 of the Hindu Marriage Act read with Section 151 CPC and also the another aspect is about the maintenance that is granted and about the joint memo. 4. Learned counsel for the petitioner submits that quoting a wrong provision of law cannot be a ground to disentitled the party from having a relief and when it comes to the compromise memo, he submits that it is very difficult for him to recover the money. Hence, he had filed this petition. 5. Learned counsel appearing for the respondent submits that arrears are already paid. - 4 - HC-KAR NC: 2025:KHC:29438 WP No. 23503 of 2024 6. Having heard the learned counsels on either side, perused the material on record. It appears that in stead of executing the compromise decree, the parties are coming up with successive petitions before the Court. The remedy that is available to the petitioner is to file an execution petition and also he has another remedy that when the party, who has come before the Court seeking the custody is not complying the order of the Court and when he has failed to pay the maintenance as agreed upon, the Court can as well look into these aspects and pass appropriate orders. The application that is filed is not maintainable and this Court finds no reasons to interfere. Accordingly, this Court is passing the following: ORDER (i) The Writ Petition is disposed of giving liberty to the parties to avail the appropriate remedy. (ii) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 15