- 1 - HC-KAR NC: 2025:KHC:39387 WP No. 18472 of 2025 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. 18472 OF 2025 (GM-FC) BETWEEN: SRI. SAILESH KUMAR AGED ABOUT 57 YEARS, S/O. A. JANARDHANA ACHAR R/A SHAGIL PRECISION INDIA UNIT-II, 100 PERCENT EXPORT ORIENTED UNIT, DERLAKATTE, MANGALURU TALUK, MANGALURU – 575 001 …PETITIONER (BY SRI. MANMOHAN P.N., ADVOCATE) AND: MRS. NISHA S. KUMAR AGED ABOUT 47 YEARS, W/O. SAILESH KUMAR, R/A 302, DECCAN CHAMBERS, 136 J.S.S ROAD, MUMBAI -400 004. …RESPONDENT (BY SMT.NISHA S.KUMAR, PARTY -IN- PERSON) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER OF ISSUANCE OF LOOK-OUT CIRCULAR DATED 21.02.2025 (PRODUCED AS ANNEXURE-G) PASSED ON THE IA FILED BY THE PETITIONER FOR ISSUANCE OF LOOK OUT CIRCULAR AND TO IMPOUND THE PASSPORT OF THE RESPONDENT IN CRL.MISC.68/2023 BY THE HONBLE PRL. JUDGE, FAMILY COURT, MANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39387 WP No. 18472 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 21.02.2025 passed in Crl.Misc.No.68/2023 by the Principal Judge, Family Court, D.K., Mangaluru, whereby look out notice is issued against the petitioner, the petitioner is before this Court. 2. When this matter came up before this Court on 27.06.2025, this Court had passed the following order: "The present writ petition is filed aggrieved by the order dated 21.02.2025 passed in Crl.Misc.No.68/2023 by the Principal Judge, Family Court, D.K.Mangaluru, whereby the Look Out Circular is issued against the petitioner. 2. Learned counsel appearing for the petitioner submits that when an execution petition is filed and the maintenance is granted under Section 125 Cr.P.C., for non compliance or non appearance, the Court cannot issue the Look out Circular. It is submitted that the order issuing Look out Circular by the Court is without jurisdiction. Learned counsel had relied on the judgment of the Hon'ble Apex Court in case of Rina Kumari Alias Rina Devi Alias Reena Vs. Dinesh Kumar Mahto Alias Dinesh Kumar Mahato and Another1 and submits that the proceedings under Section 125 Cr.P.C. 1 (2025) 3 SCC 33 - 3 - HC-KAR NC: 2025:KHC:39387 WP No. 18472 of 2025 are Civil in nature. Then under what circumstances a Look out Circular can be issued, learned counsel has relied on the judgment of the Co-ordinate Bench of this Court in case of Himayath Ali Khan Vs. Ministry of Home Affairs, Government of India2 and submits that the order that is passed by the trial Court is without jurisdiction. 3. This Court has perused the order passed by the trial Court and the judgments that are relied on by the learned counsel for the petitioner. A perusal of the order shows that both the respondent and the advocate for the respondent were not present before the trial Court and the trial Court had proceeded to pass the order. This Court is not able to understand why the petitioner has not appeared before the trial Court and no reasonable explanation is forthcoming. In this case, earlier warrants were issued and executed. Thereafter, he was enlarged on bail. At the same time, this Court also cannot be oblivious of the fact that there is no representation on behalf of the petitioner or the advocate before the Court. A party just like that cannot be permitted to question an order passed by the Court without contesting the case when an opportunity is given. 4. Considering the submissions and the judgments relied on by the learned counsel for the petitioner, there shall be stay of all further proceedings pursuant to the order dated 21.02.2025 in Crl.Misc.No.68/2023 passed by the Principal Judge, Family Court, D.K.Mangaluru, on the condition that the petitioner shall pay an amount of Rs.25,000/- to the respondent 2 2023 SCC OnLine Kar 180 - 4 - HC-KAR NC: 2025:KHC:39387 WP No. 18472 of 2025 within a period of two weeks to his absence/non- prosecution of the case before the Principal Judge, Family Court, D.K.Mangaluru. 5. Issue notice to the respondent. 6. Post this matter after service of notice." 3. Learned counsel appearing for the petitioner submits that the Principal Judge, Family Court, D.K., Mangaluru, has no jurisdiction to pass the order. He has relied on the judgment of the Hon'ble Apex Court in Rina Kumari Alias Rina Devi Alias Reena Vs. Dinesh Kumar Mahto Alias Dinesh Kumar Mahato and Another3. 4. The respondent/party-in-person submits that as the petitioner has failed to obey the orders of the Family Court and as he is not paying any maintenance, the Family Court had rightly issued the look out notice and there are no reasons to interfere with the well considered order passed by the Family Court. 5. Having heard the learned counsel for the petitioner and the respondent/party-in-person, perused the entire material on record. When the Family Court had passed an order granting 3 (2025) 3 SCC 33 - 5 - HC-KAR NC: 2025:KHC:39387 WP No. 18472 of 2025 maintenance to the wife and if such order is not implemented, there is a procedure to recover the amounts and the Principal Judge, Family Court, D.K., Mangaluru, has no jurisdiction to pass the order. The Family Court has no power to issue the look out notice in the process of executing an order that is passed under Section 125 of CrPC. Maintenance orders passed under Section 25 of CrPC is a civil obligation enforced through judicial orders. If party defaults, the remedy is to seek execution of the order i.e., attachment of property, warrant of arrest, civil imprisonment. Look out circulars are meant to prevent the accused/offenders from evading criminal process. The look out notice cannot be issued for recovering the dues of maintenance. Continuing the look out notice despite the order passed by the Court is illegal and amounts to contempt of Court and it also amounts to violation of fundamental rights under article 21 of the Constitution of India. Therefore, issuing a look out circular is beyond the jurisdiction that is conferred on the Court while executing an order under Section 125 CrPC. Hence, this Court is passing the following order: - 6 - HC-KAR NC: 2025:KHC:39387 WP No. 18472 of 2025 ORDER i. The order dated 21.02.2025 passed in Crl.Misc.No.68/2023 by the Principal Judge, Family Court, D.K., Mangaluru, is set aside. ii. Accordingly, the writ petition is allowed. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 38