- 1 - HC-KAR NC: 2025:KHC:44371 WP No. 1175 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 1175 OF 2023 (GM-FC) BETWEEN: 1. VANKULPATI VINAY S/O RAMACHANDRA REDDY AGED ABOUT 51 YEARS, R/AT NO.3328, 1ST FLOOR, 7TH CROSS, 13TH MAIN, HAL 2ND STAGE, INDIRANAGAR BENGALURU-560008 …PETITIONER (BY SRI. VINITHA P C., ADVOCATE) AND: 1. RANJANI VANKULPATI W/O VANKULPATI VINAY AGED ABOUT 44 YEARS R/AT NO.B-005 DEVAGIRI DEVINE APARTMENTS 30TH MAIN, BHANAGIRI LAYOUT BANASHANKARI 3RD STAGE BENGALURU-560085 …RESPONDENT THIS WP FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-K INSOFAR AS IT RELATES TO THE ORDER DATED 07.08.2021 AND 24.09.2021 THE ISSUANCE OF THE ARREST WARRANT TO THE PETITIONER BY THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT BENGALURU IN EX. PET. NO. 241/19 AND QUASH THE PROCEEDINGS IN EX. PET.NO. 241/2019 BEFORE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44371 WP No. 1175 of 2023 THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed in Ex.P.No.241/2019 dated 07.08.2021 and 24.09.2021, by III Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court has issued arrest warrant against the petitioner/husband. The husband is before this Court questioning the orders and also sought a direction to quash the proceedings in Ex.P.No.241/2019. 2. It is the case of the judgment debtor that in view of the differences between the parties, the petitioner has filed the divorce petition before the Chitradurga Court and thereafter, it was transferred to the Bengaluru Family Court. The wife had filed Crl.Misc.No.62/2014 seeking maintenance before the V MMTC, Bengaluru. As the wife is not permitting the petitioner to meet the child, the petitioner has filed G & WC No.236/2014 seeking custody of the child. In M.C.No.3391/2014, I.A.No.6 - 3 - HC-KAR NC: 2025:KHC:44371 WP No. 1175 of 2023 came to be filed by the respondent under Section 24 of the Hindu Marriage Act seeking maintenance of an amount of Rs.1,25,000/- towards monthly maintenance and educational expenses of the minor child and the Family Court has allowed the application and directed the petitioner to pay monthly maintenance of an amount of Rs.40,000/- from 05.12.2015 and that order was challenged by filing W.P.No.47420/2017 before this Court and this Court had modified the order and directed the petitioner to pay Rs.25,000/- before 05th of every month. The respondent has filed W.P.No.29694/2017 seeking modification of the interim maintenance order and both the petitions were taken up together and were dismissed on 27.02.2018 and confirmed the order dated 07.11.2016. Thereafter, the respondent/wife has filed Ex.P.No.241/2019 claiming arrears of Rs.19,50,000/-. 3. It is the case that wife herself has stated that the husband has made the payment to the tune of Rs.7,24,000/-. It is stated that subsequently, M.C.No.3391/2014 was sent before the Mediation. In the mediation, both the petitioner and the respondent have agreed for the mutual consent divorce. On - 4 - HC-KAR NC: 2025:KHC:44371 WP No. 1175 of 2023 the conditions that the petitioner/husband should pay the respondent/wife towards final settlement an amount of Rs.5,00,000/- which he has paid by account transfer and other part of Rs.40,000/-, he has deposited in the Court and also taken a Demand Draft of Rs.3,00,000/- for the balance amount. She has taken the Demand Draft of Rs.3,00,000/- and never turned up in the second half when the case was called. It is stated that the respondent has not even come forward to examine the petitioner. 4. When wife had filed the execution petition and as the matter is under the mediation, it is the case of the husband that he has not appeared before the Executing Court. On 07.08.2021, the Family Court has observed that both counsel and decree holder are present; advocate for judgment debtor prays time; On perusal of the record, the present E.P. is filed for the recovery of Rs.12,26,000/-. So far the judgment debtor has paid only Rs.50,000/-. No valid reasons made out to grant further time for payment and accordingly, issued the arrest warrant. Again on 24.09.2021, another order is passed wherein it is observed that counsel for DHR filed IA under Order 21 Rule 37 of CPC. As per the report of the bailiff, the door of the residence of JDr is locked. Issue - 5 - HC-KAR NC: 2025:KHC:44371 WP No. 1175 of 2023 arrest warrant against JDr with the aid of jurisdiction police returnable by 12.11.2021. 5. Learned counsel appearing for the petitioner submits that, the only reason for the husband not to appear before the Executing Court is that the matter is pending before the mediation. It is submitted that the husband had paid the substantial amount and the respondent/wife is not appearing before the Court and she has changed several counsels. Even before this Court also, the counsel who had filed vakalat has stated on the earlier occasion that he has given up the vakalat. 6. It is submitted that the wife, who has taken substantial amount and who has entered into an agreement before the mediation, has filed execution petition and also not pursuing the same. It is further submitted that the amount that is deposited by the husband is still lying in the Family Court and she has not even withdrawn the same. It is submitted that in fact the maintenance that is sought is for the daughter and the daughter from the date of mediation is with the father. - 6 - HC-KAR NC: 2025:KHC:44371 WP No. 1175 of 2023 7. On 28.07.2025, the counsel appearing for the wife submitted that he has given up vakalat and from that day, the respondent had not taken steps to engage the advocate. Hence, this Court is proceeding to pass orders on the merits of the matter. 8. Having heard the learned counsels on either sides, perused the material on record. Considering the fact that before the mediation, the parties have entered into an agreement and in the light of the said agreement, the petitioner/husband has parted with the amount and also the daughter is residing with the father for whom this application is filed seeking maintenance, this Court deems it appropriate to set aside the impugned order passed by the Family Court. Though there is no illegality with the orders that are passed by the Family Court, the petitioner/husband has failed to appear before the Executing Court. Only considering the fact that the parties have entered into the mediation and the fact that the daughter is staying with the petitioner/husband, the impugned orders are set aside and the matter is remanded back to the - 7 - HC-KAR NC: 2025:KHC:44371 WP No. 1175 of 2023 trial Court. The petitioner shall appear before the trial Court on 10.12.2025. Accordingly, the writ petition is disposed of. All pending I.As., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE VM List No.: 1 Sl No.: 2