- 1 - HC-KAR NC: 2025:KHC-D:10841 WP No. 104551 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104551 OF 2025 (GM-FC) BETWEEN: GOVIND S/O. BABU KUBIHAL, AGE: 30 YEARS, OCC: COOLIE, R/O: JANATA PLOT, KELGERI, DHARWAD – 580 007. …PETITIONER (BY SRI. SAIYAD D. MULLA, SRI. VINAYAK R.K. & SRI. RAHUL PATTAT, ADVOCATES) AND: 1. SMT. RAJESHWARI W/O. GOVIND KUBIHAL, AGE: 28 YEARS, OCC: HOUSEHOLD. 2. KUMAR SAMARTH S/O. GOVIND KUBIHAL, AGE: 6 YEARS, OCC: STUDENT. 3. KUMAR SANCHIT S/O. GOVIND KUBIHAL, AGE: 5 YEARS, OCC: STUDENT. ALL ARE R/O: WADDAR ONI, MANJUNATH NAGAR, DESHPANDE NAGAR, 2ND MAIN ROAD, HUBBALLI – 580 029. (SINCE RESPONDENT NO.2 AND 3 ARE MINORS R/BY MINOR GUARDIAN I.E NATURAL MOTHER RESPONDENT NO. 1 SMT. RAJESHWAR W/O. GOVIND KUBIHAL) …RESPONDENTS (RESPONDENT - SERVED – UNREPRESENTED) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10841 WP No. 104551 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE EX-PARTE IMPUGNED ORDER DATED 02/12/2024 PASSED BY THE LEARNED I ADDL. PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI IN CRIMINAL MISC. NO. 432/2024 ON IA NO. II FILED UNDER SECTION 144(1) OF B.N.S.S WHEREBY DIRECTING THE PETITIONER TO PAY INTERIM MAINTENANCE OF RS. 6,000/- TO RESPONDENTS VIDE ANNEXURE-C, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A. Issue a Writ in the nature of Certiorari quashing the Ex-Parte impugned order dated 02/12/2024 passed by the learned I Addl. Principal Judge, Family Court, Hubballi in Criminal Misc. No. 432/2024 on I.A No. II filed under section 144(1) of B.N.S.S whereby directing the Petitioner to pay interim maintenance of Rs. 6,000/- to Respondents Vide Annexure-C, in the interest of justice and equity. B. Issue any other Writ, direction or order which deems fit under the circumstances of the case. 2. Learned counsel for the petitioner has filed a memo for withdrawal of the petition, which reads as under: - 3 - HC-KAR NC: 2025:KHC-D:10841 WP No. 104551 of 2025 “Herein, the Advocate for Petitioner filing this memo as under; That, the subject petition was filed challenging the ex-parte interim order of maintenance passed by the learned magistrate. But now the Petitioner has filed the application U/s 146(1) of B.N.S.S. before the learned Magistrate seeking modification of the impugned order, hence in such circumstances the petition would become infrctuous. Hence the Petition may be dismissed as withdrawn with a liberty to file fresh petition on the outcome of order on application filed U/s 146(1) of B.N.S.S. Hence this memo.” 3. In view of the memo, the petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE SH/CT-ASC List No.: 1 Sl No.: 109