- 1 - HC-KAR NC: 2025:KHC:30665 WP No. 13657 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13657 OF 2025 (GM-FC) BETWEEN: VEERAPPA PATTANSHETTY @ PRAVEENA S/O LATE VEERABHADRAPPA PATTANSHETTY AGED ABOUT 43 YEARS R/AT MARKET ROAD, HULGUR VILLAGE, SHIGGAON TALUK, HAVERI DISTRICT- 581 126 …PETITIONER (BY SRI. RAJATH, ADVOCATE) AND: 1. SUDHA W/O VEERAPPA AGED ABOUT 32 YEARS 2. VIVEK S/O SUDHA AGED ABOUT 6 YEARS REPRESENTED BY HIS NATURAL GUARDIAN MOTHER RESPONDENT NO.1 BOTH ARE R/AT BHARAMAPURA, NEAR HEGDE HOSPITAL HARIHARA CITY, DAVANAGERE CITY-577 002 …RESPONDENTS (BY SRI. REVANNA BELLARY, ADVOCATE FOR R1 R2 IS MINOR- REP. BY R1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS OF THE CASE. QUASH THE ORDER DATED: 28.04.2025 (ANNEXURE-C) PASSED BY THE LD. FAMILY JUDGE, DAVANAGERE IN CRL. MISC. 286/2024 IN THE INTEREST OF JUSTICE. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30665 WP No. 13657 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.286/2024 dated 28.04.2025 by the Judge, Family Court, Davanagere, whereby the Family Court had issued warrant to the husband, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. When this matter came up for admission, this Court had passed an order on 02.05.2025 as below: “The present petition is filed aggrieved by the order passed in Crl.Misc.No.286/2024 dated 28.04.2025, whereby the Trial Court had directed the husband to pay an amount of Rs.12,39,700/-. 2. The Trial Court had observed that as per the judgment of the Hon'ble Apex Court, the husband has to pay henceforth an amount fixed by the High Court i.e. Rs.15,000/- per month from 17.02.2018 and further, the husband shall pay single sum of Rs.40,000/- per annum towards the educational expenses of the child. The Trial Court observed that - 3 - HC-KAR NC: 2025:KHC:30665 WP No. 13657 of 2025 the father has paid Rs.3,60,300/- till now and is due for an amount of Rs.12,39,700/-. 3. Learned counsel appearing for the petitioner/husband submits that when the Trial Court has fixed the monthly maintenance at an amount of Rs.9,000/- in RPFC which is filed by the wife, this Court has enhanced it to an amount of Rs.15,000/-. The same is enhanced by the Hon'ble Apex Court and similarly, initially as per the memo, by way of an interim order, when stay was granted on the condition of depositing the arrears of maintenance as fixed by the Trial Court, the memo is filed at Rs.9,000/- by the wife and accordingly, the arrears are cleared till 25.03.2025 and the SLP came to be disposed of by an order dated 25.04.2025 and the Hon'ble Apex Court in that order directed the Trial Court to proceed with the matter and henceforth directed the husband to pay Rs.15,000/-. 4. Learned counsel for the petitioner submits that the order of Hon'ble Apex Court is clear that Rs.15,000/- which is fixed by the High Court has to be paid from the date of the order of the Hon'ble Apex Court. The Trial Court has misdirected itself and calculated the amount at Rs.12,00,000/-. 5. This Court has perused the order of the Trial Court and also the order of the Hon'ble Apex Court, the interim order as well as the final order. On the - 4 - HC-KAR NC: 2025:KHC:30665 WP No. 13657 of 2025 face of it, the Hon’ble Apex Court has directed the petitioner to pay an amount of Rs.15,000/- i.e., the order of the High Court from the date of the order. Earlier, he was directed to pay the arrears as per the order of the Trial Court, but the Trial Court had directed the petitioner to pay an amount of Rs.15,000/- from the beginning. In that view of the matter, there shall be stay of all the proceedings pursuant to the order dated 28.04.2025 in Crl.Misc.No.286/2024. However, it is made clear that as far as educational expenses are concerned, the petitioner shall pay the school fees for this academic year and for the further years whenever required. Issue notice to the respondents.” 4. Respondent No.1/wife has filed I.A.No.2/2025 for vacating the stay order dated 02.05.2025. Learned counsel appearing for the wife submits that as per the order of this Court, respondent No.1/wife is entitled for maintenance of an amount of Rs.15,000/- per month and respondent No.2 is entitled for maintenance of an amount of Rs.9,000/- per month. Even as per the order of the Hon'ble Apex Court dated 23.04.2025 makes it clear that the husband has to pay the maintenance as per the order passed by the High Court i.e., - 5 - HC-KAR NC: 2025:KHC:30665 WP No. 13657 of 2025 Rs.15,000/- per month plus Rs.9,000/- per month. Learned counsel for the respondents further submits that when the High Court had directed the husband to pay the maintenance of an amount of Rs.15,000/- per month to the wife and Rs.9,000/- per month to the child in the interim order, it is only mentioned as Rs.15,000/- per month, but not Rs.9,000/- per month. According to the learned counsel for the respondent/wife these facts were not brought to the notice of the Court and he has to pay maintenance of an amount of Rs.15,000/- per month plus Rs.9,000/- per month as per the order passed by the Hon’ble Apex Court from the date of the petition till the date of application. 5. Having heard the learned counsels on either side, perused the material on record. This Court has perused the order of the Family Court, the High Court and the Hon’ble Apex Court. The Family Court had granted maintenance of an amount of Rs.9,000/- per month and this Court had granted maintenance of an amount of Rs.15,000/- per month and Rs.9,000/- per month. When the matter is taken to the Hon'ble Apex Court, the Hon’ble Court by way of an interim order has asked the husband to pay maintenance of an amount of - 6 - HC-KAR NC: 2025:KHC:30665 WP No. 13657 of 2025 Rs.9,000/- per month and a memo is also filed as per the same and it is accepted that at Rs.9,000/- per month the entire amounts are cleared. Thereafter, the SLP.No.7999/2025 came to be disposed of by order dated 21.10.2024. In the said order, it is mentioned that henceforth the petitioner shall pay the maintenance amount as directed by the High Court. The order of the Hon’ble Apex Court is very clear that the husband has to pay the maintenance at an amount of Rs.15,000/- per month from the date of order of the Hon’ble Apex Court and Rs.9,000/- per month till such time. In the light of the above discussion, this Court is passing the following: ORDER i. The order impugned Crl.Misc.No.286/2024 dated 28.04.2025 by the Judge, Family Court, Davanagere is set aside and the matter is remanded back to the Family Court. ii. The parties shall appear before the Family Court on 01.09.2025. iii. The husband shall file a detailed memo before the Court mentioning the amounts that are paid - 7 - HC-KAR NC: 2025:KHC:30665 WP No. 13657 of 2025 as per the order of this Court and as per the order of the Hon’ble Apex Court. iv. The wife is at liberty to file her objections to the memo. Basing on the said memo, the Family Court shall pass appropriate orders. v. Accordingly, this writ petition is allowed. vi. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 28