- 1 - HC-KAR NC: 2025:KHC:34651 WP No. 17316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17316 OF 2025 (GM-FC) BETWEEN: SMT.SANGEETHA KUMARI AGED ABOUT 50 YEARS, D/O SRI PADAMCHAND KANKARIYA, W/O SRI SUNIT KUMAR BAROLA, R/AT NEW 4, OLD 35, 2ND CROSS, 1ST FLOOR, BENDRE NAGAR, SUBRAMANYAPURA, BSK II STAGE, BENGALURU-560 070. …PETITIONER (BY SRI. RAVINDRANATH A., ADVOCATE) AND: SRI. SUNIL KUMAR BAROLA AGED ABOUT 54 YRS, S/O LATE BASANTH RAJ BAROLA, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34651 WP No. 17316 of 2025 R/AT NO.C-32, 2ND CR., G-B LANE, COTTONPET, BENGALURU-560 053 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE HONBLE COURT OF THE PRINCIPAL FAMILY JUDGE ON 21-12-2021 UNDER ANNEXURE-D DISMISSING CRL.MISC.417/2021 AND DIRECT THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO RESTORE THE SAID PETITION TO FILE AND PROCEED IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:34651 WP No. 17316 of 2025 ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.417/2021 dated 21.12.2021 by the Principal Judge, Family Court, Bengaluru whereby the Family Court had dismissed the petition filed under 125 of CrPC on the ground that the said petition is filed under Section of 125 CrPC to execute the order passed in M.C.No.3494/2018 dated 20.03.2020, which is not maintainable in law. 2. By impugned order, the Family Court had observed that the petitioner/wife has already filed Ex. No.129/2021 to execute the order passed by the Court on I.A.No.3 in M.C.No.3494/2018 dated 20.03.2020. Hence, the petition is dismissed and directed to return the documents to the petitioner/wife as per rules. That order dated 21.12.2021 is questioned before this Court by filing the present writ petition on 02.06.2025. 3. Learned counsel for the petitioner/wife submits that the petition filed under Section 125 of CrPC and the execution petition are not one and the same. In the execution petition that is filed, the amount is recovered and as she is not - 4 - HC-KAR NC: 2025:KHC:34651 WP No. 17316 of 2025 financially sound, she could not come before this Court by filing this writ petition. It is further submitted that she is in dire need of the amounts and the application under Section 125 of CrPC can be filed against the husband whenever there is a requirement or when the wife is in need of the money. 4. Having heard the learned counsel for the petitioner, perused the material on record. As far as the order dated 21.12.2021 is concerned, the Family Court had passed an order observing that this is an execution petition seeking execution of the order passed in M.C.No.3494/2018. After almost 4 years, that order was questioned before this Court. This Court is not inclined to interfere with the order passed by the Family Court. Hence, this Court is passing the following: ORDER i. If the petitioner/wife is in need of money, she can always file an application under Section 125 of CrPC and it is for the Family Court to entertain the same. - 5 - HC-KAR NC: 2025:KHC:34651 WP No. 17316 of 2025 ii. Accordingly, the writ petition is disposed of. iii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 4