- 1 - HC-KAR NC: 2025:KHC:27917 WP No. 2649 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2649 OF 2025 (GM-FC) BETWEEN: SRI GANESH G S/O GOVINDA CHARI AGE 34 YEARS, KRISHNA RAJAPURA VILLAGE N BELATUR POST, ANTARASANTHE HOBLI, HEGADA DEVANA KOTE TALUK MYSURU DISTRICT - 571114 …PETITIONER (BY SRI. DESAI RAJENDRA CHANDRASHEKAR., ADVOCATE) AND: SMT SHRUTHI K W/O GANESH G WARD NO 08, METTI KUPPE ROAD, HANUMANTA NAGAR, HD KOTE (T) (V) KASABA HOBLI, HD KOTE TALUK MYSURU DISTRICT - 571114 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE HONBLE SENIOR CIVIL JUDGE, H.D.KOTE, DATED 24.08.2024 IN MC NO.48/2022, STAYING THE FURTHER PROCEEDINGS IN THE RESTITUTION OF CONJUGAL RIGHTS CASE AND PASS AN ORDER DIRECTING THE HONBLE SENIOR CIVIL JUDGE, H.D. KOTE, TO PROCEED WITH THE RESTITUTION OF CONJUGAL RIGHTS CASE IN ACCORDANCE WITH LAW, AFTER CONSIDERING THE ASSETS AND LIABILITIES OF BOTH THE PARTIES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27917 WP No. 2649 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.III in M.C.No.48/2022 dated 24.08.2024 by the Senior Civil Judge & JMFC, H.D.Kote, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The husband had filed M.C.No.48/2022 seeking restitution of conjugal rights. In that, the wife had filed an application seeking maintenance and the Court had allowed the application and granted maintenance. When the husband had failed to pay the maintenance, the wife had filed I.A.No.III under Section 151 of CPC to keep M.C.No.48/2022 in abeyance, till the order of the maintenance granted by the Court dated 09.03.2023 is complied with. The husband had opposed the said application. 4. The trial Court considering various judgments of this Court and the Hon'ble Apex Court had held that the Court got inherent power under Section 151 of CPC to stay the further - 3 - HC-KAR NC: 2025:KHC:27917 WP No. 2649 of 2025 proceedings for compliance of maintenance order passed by the Court and accordingly passed an order whereby the further proceedings of the petition is stayed until payment of entire interim maintenance amount due by the petitioner. 5. Learned counsel appearing for the petitioner submits that the wife had failed to file the statement of assets and liabilities. Without there being statement of assets and liabilities, the Court had granted maintenance. It is submitted that if the notice is ordered, as the mediation is scheduled next week, the parties can mediate the matter. 6. This M.C. is of the year 2022. The order impugned is dated 24.08.2024 and the writ petition is coming up for the preliminary hearing now. The Court in a routine manner will not issue notice to the respondent unless and until Court finds any error in the impugned order. This Court also in several cases had passed orders directing the trial Court to strike off the defense or stay the further proceedings where the orders of the Court are not complied with. If a party who initiated the proceedings seeking an order from the Court fails to comply with the order of the Court, the Court cannot permit him to go - 4 - HC-KAR NC: 2025:KHC:27917 WP No. 2649 of 2025 ahead with the proceedings and the trial Court has the powers under Section 151 of CPC to address the situation and the trial Court had rightly passed an order and this Court do not find any reason to interfere with the well considered order passed by the trial Court. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this writ petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 209