- 1 - HC-KAR NC: 2025:KHC:37519 CRL.P No. 12716 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12716 OF 2025 BETWEEN: SRI. K. DEVARAJU S/O LATE SRI. HUCHAIAH, AGED ABOUT 54 YEARS, R/A MALAGURU VILLAGE, SANTHEBACHAHALLI HOBLI, K R PETE TALUK, MANDYA, KARNATAKA - 571436. …PETITIONER (BY SRI. AKUL KUMAR, ADVOCATE FOR SRI. MOHAN M., ADVOCATE) AND: 1. SMT. INDRAMMA @ NANJAMMA W/O. SRI. K. DEVARAJU, AGED ABOUT 45 YEARS, 2. GOUTHAMA S/O. SRI. K. DEVARAJU, AGED ABOUT 27 YEARS, 3. SMT. NEEVEDITHA D/O. SRI. K. DEVARAJU, AGED ABOUT 21 YEARS, ALL ARE RESIDING AT MALAGURU VILLAGE, SANTHEBACHAHALLI HOBLI, K R PETE TALUK, MANDYA, KARNATAKA - 57143. …RESPONDENTS Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37519 CRL.P No. 12716 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER OF FLW DATED 28.08.2024 PASSED BY THE LEARNED CIVIL JUDGE AND J.M.F.C, KRISHNARAJAPETE IN CRL.MISC.NO.179/2024 ARISING OUT OF MAIN CRL.MISC.NO.145/2014 BEFORE THE LEARNED CIVIL JUDGE AND J.M.F.C KRISHNARAJAPETE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed assailing the order of fine levy warrant dated 28.08.2024 passed by the learned Civil Judge and JMFC, while entertaining the petition filed by the petitioner and her two helpless kids under Section 128 of Cr.P.C. 2. Heard the learned counsel for the petitioner. Perused the records. 3. It is indeed regrettable that a helpless wife, along with her two minor children, has been seeking enforcement of her rightful claim for maintenance. The petitioner, who is aged 38 years and has two dependent children, had originally filed a petition for maintenance in - 3 - HC-KAR NC: 2025:KHC:37519 CRL.P No. 12716 of 2025 2014. After due consideration, the learned Magistrate allowed the petition by an order dated 07.03.2020, awarding maintenance of Rs.3,000/- per month to the wife and Rs.2,000/- per month to each of the minor children. It is, however, disheartening to note that despite the passage of more than three years, the husband has failed to comply with the maintenance order. In the backdrop of such persistent non-compliance, the present petition has been filed challenging the issuance of a fine levy warrant against the husband for enforcement of the maintenance order. 4. This Court, upon careful examination of the records, is not inclined to grant any indulgence to the petitioner. The maintenance order passed in Crl.Misc.No.145/2014 has attained finality and is binding on the parties. The Magistrate, in issuing the fine levy warrant, acted well within the ambit of his statutory powers under Sections 125 and 127 of the Code of Criminal Procedure. It is settled law that such an order, - 4 - HC-KAR NC: 2025:KHC:37519 CRL.P No. 12716 of 2025 issued for enforcement of maintenance, is not amenable to interference under the guise of judicial review, except on grounds of jurisdictional error or perversity. 5. The conduct of the petitioner in the present case demonstrates a clear attempt to evade the legal consequences of the non-payment of maintenance. Despite the maintenance order being in force since 2020, the husband has deliberately failed to discharge his statutory obligation. In light of this, the Court finds no justification to exercise any discretionary relief in favour of the petitioner. The writ petition is thus devoid of merit and cannot be entertained. Accordingly, the petition is dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 83