- 1 - HC-KAR NC: 2025:KHC:33497-DB MFA No. 2473 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 2473 OF 2024 (FC) BETWEEN: PRASHANTH.D.S, S/O D.SHIVALINGEGOWDA, AGED ABOUT 44 YEARS, R/AT PRASHANTH NILAYA, 2ND FLOOR, NEAR BHAVANA MEDICAL, ADUVALLI MAIN ROAD, HASSAN CITY. …APPELLANT (BY SRI.B.PURANDARA., ADVOCATE) AND: NANDINI.C, W/O PRASHANTH.D.S, D/O CHIKKANNA, AGED ABOUT 39 YEARS, R/AT HOUSE NO.9, 2ND CROSS, HUTTA COLONY, APPA CIRCLE, BHADRAVATHI, SHIMOGA DISTRICT-577 301. …RESPONDENT Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33497-DB MFA No. 2473 of 2024 THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 09.01.2024 PASSED IN M.C.NO.144/2018 ON THE FILE OF THE COURT OF PRL.JUDGE, 1ST ADDITIONAL FAMILY COURT, HASSAN, ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Heard learned counsel for the appellant. 2. This appeal has been filed seeking to challenge an order dated 09.01.2024 passed by the Principal Judge, I Additional Family Court, Hassan in MC.No.144/2018, to the extent it directs payment of arrears of maintenance, as ordered in Crl.Misc.No.312/2018 dated 07.09.2021 by the IV Additional JMFC, Bhadravathi, within three months. Obviously, as evident from the order impugned, the appeal under Section of 9 the Hindu Marriage Act was - 3 - HC-KAR NC: 2025:KHC:33497-DB MFA No. 2473 of 2024 conditionally allowed, which was made subject to payment of the entire arrears of maintenance as ordered in the criminal miscellaneous case. Admittedly, the arrears of maintenance as ordered by the Family Court have not been deposited. The effect of it is that the appeal filed under Section 9 of the Hindu Marriage Act, stood rejected. 3. Since it is only the aspect of payment of arrears of maintenance that is under challenge in the instant appeal, we see no reason to vary the judgment/decree impugned. This appeal is therefore dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE PK List No.: 1 Sl No.: 1