- 1 - HC-KAR NC: 2025:KHC:26154 WP No. 18183 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18183 OF 2025 (GM-FC) BETWEEN: SRI. APPAJIGOWDA S/O. LATE SIDDEGOWDA AGED ABOUT 55 YEARS, R/AT BELAKERE VILLAGE, MALUR HOBLI CHANNAPATNA TALUK RAMANAGARA DIST …PETITIONER (BY SRI. KARTHIKEYAN K., ADVOCATE) AND: 1. SMT. ASHWINI M. W/O. APPAJI GOWDA, AGED ABOUT 34 YEARS, 2. POORVIKA APPAJIGOWDA D/O. APPAJI GOWDA, AGED ABOUT 15 YEARS, 3. NOSHITHA APPAJIGOWDA D/O. APPAJI GOWDA, AGED ABOUT 07 YEARS, R-2 & R-3 REPRESENTED BY SMT. ASHWINI M. ALL ARE R/AT BELAKERE VILLAGE, MALUR HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160 …RESPONDENTS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26154 WP No. 18183 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 02.04.2025, PASSED BY THE HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC AT CHANNAPATNA IN CRL. MISC. NO.1224/2023 VIDE ANNX-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The petitioner is before this Court aggrieved by the order dated 02.04.2025 passed in Crl.Misc.No.1224/2023 whereby the trial Court had directed the petitioner to pay the maintenance as per the order dated 21.10.2021 passed in Crl. Misc. No. 641/2011. When the order was not complied with, she has filed the execution petition. In the execution petition, the Court had passed the order directing the husband to pay the amount and the Court has directed to reissue FLW to the respondent if PF is paid. 2. Learned counsel appearing for the petitioner submits that the wife has stayed with him from 15.11.2012 till 10.07.2019 and he has consistently provided all the basic needs to the wife. During the said period, he has no obligation to pay the maintenance to the petitioner. - 3 - HC-KAR NC: 2025:KHC:26154 WP No. 18183 of 2025 3. This Court has perused the order and heard the counsel for the petitioner. An order was passed on 21.10.2021 directing the husband to pay the maintenance. If it is his case that between 15.11.2012 to 10.07.2019, the wife is with him and he is not supposed to pay the maintenance, he ought to have questioned the order dated 21.10.2021. In this case, the petitioner has not chosen to question the said order and the order dated 21.10.2021 has attained finality. Now before the Executing Court, the petitioner cannot raise the said ground and the Executing Court has rightly asked the petitioner herein to pay the amount and if the PF is paid, issue FLW. This Court do not find any reasons to interfere with the order passed by the Executing Court. However, learned counsel submits that they may be given liberty to question the order dated 21.10.2021. If the law permits, the petitioner is at liberty to seek clarification and this Court is not passing any order in that regard. Accordingly, this Court is passing the following: ORDER (i) The Writ Petition is disposed of. Liberty is reserved to the petitioner to seek clarification, if the law permits. - 4 - HC-KAR NC: 2025:KHC:26154 WP No. 18183 of 2025 (ii) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 31