- 1 - HC-KAR NC: 2025:KHC:29686 WP No. 3025 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3025 OF 2022 (GM-FC) BETWEEN: SRI SRIKANTH S/O G. PARAMESHWARAPPA AGED ABOUT 42 YEARS R/O SHRAMASHREE NILAYA NO.134, VEERANNA LAYOUT, 5TH STAGE, 6TH CROSS, VINOBANAGAR, SHIVAMOGGA 577005 …PETITIONER (BY SRI. HANUMANTHAPPA HARAVI., ADV.) AND: SMT PRUTHVI M N W/O SRIKANTH G.P AGED ABOUT 40 YEARS ADOPTING DAUGHTER OF NAGARAJA GOWDA AGADI MATT, 3RD CROSS, ANALEKPPA, SAGAR TOWN, SAGAR TALUK, SHIVAMOGGA 577005 …RESPONDENT (RESPONDENT - PRUTHVI M.N., - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF THE IMPUGNED ORDER DTD 03.01.2022 PASSED BY THE HON'BLE PRINCIPAL FAMILY JUDGE COURT AT SHIVAMOGGA IN EXECUTION CASE NO.2/2020 VIDE ANNX-L AND ETC. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29686 WP No. 3025 of 2022 THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 03.01.2022 passed on memo in Execution No.2/2020 by the Principal Family Judge, Shivamogga, the judgment debtor is before this Court. 2. The Court in MC.No.249/2018 on IA No.1 had passed interim order granting interim maintenance of Rs.5,000/- from the date of application till the disposal of the case, later that came to be dismissed. Thereafter, the wife had filed the petition seeking execution. 3. Learned counsel appearing for the judgment debtor has filed the memo stating that the wife wanted to join husband and as such, the M.C.No.249/2018 was dismissed. When the main petition itself is dismissed, the interim order merges with the final order and this execution is not maintainable. The Court by order impugned had dismissed the said memo on the maintainability on the ground that the submission of the judgment debtor that wife had agreed to stay - 3 - HC-KAR NC: 2025:KHC:29686 WP No. 3025 of 2022 for the reason that the petition is dismissed and there is nothing in support of the said submission. 4. Then coming to the second submission about maintainability on the ground that the main petition is dismissed and the Court gave a finding that from the date of petition till its disposal i.e. till the matter is dismissed, the wife is entitled for recovery of the amount and accordingly, the memo is rejected. 5. Learned counsel appearing for JDr submits that when the main application itself is dismissed, there cannot be execution on the maintenance that is granted by way of interim order. Further, the main petition is dismissed and the wife wanted to join the husband and she has not joined. Even on that count also, the execution petition is not maintainable. 6. Heard the learned counsel appearing for petitioner and perused the material on record. 7. In this matter, though the respondent is served but no vakalath is filed on behalf of respondent. The Executing Court on both grounds that is raised by the petitioner - 4 - HC-KAR NC: 2025:KHC:29686 WP No. 3025 of 2022 has rightly held that there is no material to show that the M.C. is dismissed as the wife wanted to join the husband but she has not joined and coming to the maintainability, the main petition itself is dismissed and the execution is not maintainable, the Court had rightly held that from the date of petition till the case is dismissed whatever is the amount the wife is entitled to recover. Even on that count also, this Court do not find any reason to interfere with. Accordingly, this Court is passing the following: ORDER 1. The petition is dismissed. 2. All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSD List No.: 2 Sl No.: 7