- 1 - HC-KAR NC: 2025:KHC:30812 WP No. 5194 of 2021 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. 5194 OF 2021 (GM-FC) BETWEEN: SRI H K MARISWAMY S/O KALJWARAIAH AGED 57 YEARS, RANGE FOREST OFFICER, SHANIVARA SANTHE, SOMAVARPETE TALUK, MADIKERI DISTRICT- 571235 …PETITIONER (BY SRI. KETHAN KUMAR.,ADVOCATE) AND: SMT. PYARIJAN W/O H.K MARISWAMY AGED ABOUT 51 YEARS, R/AT NO.11, 8TH MAIN ROAD, 8TH CROSS, SBM COLONY, BRINDAVAN NAGAR, MATHIKERE, BENGALURU- 560054. …RESPONDENT (BY SRI. BHAGEERATHI L FOR C/R .,ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.02.2021 PASSED BY THE PRINCIPAL JUDGE, FAMILY Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30812 WP No. 5194 of 2021 COURT, BENGALURU IN CRL.MISC.NO.05/2016 VIDE ANNEXURE-A ORDER ON I.A.NO.4, ETC. THIS PETITION, COMING ON FOR PART HEARD, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.4 in Criminal Misc.No.5 of 2016 dated 10.02.2021 by the Principal Judge, Family Court, Bengaluru whereby the court granted ₹ 8,000/- as maintenance to the wife. The husband is before this court. 2. Learned counsel for the husband submits that during the pendency of the proceedings on 23.03.2018, the property which is purchased by the petitioner / husband which is in the name of the wife, the wife had sold the said property for an amount of ₹ 80,00,000/-. It is submitted that though she is having an amount of ₹ 80,00,000/- with her, still she has continued the - 3 - HC-KAR NC: 2025:KHC:30812 WP No. 5194 of 2021 proceedings and sought for the maintenance of ₹ 8,000/-. It is submitted that it is nothing but suppression and misrepresentation of facts and the person who has come to the court with suppression and misrepresentation of facts, is not entitled for any relief. On 23.03.2021 there was a direction directing the respondent to file statement of objections, if any, positively before the next hearing of matter and directed the matter to be listed on 31.03.2021. Again on 31.03.2021, on the same ground the matter is adjourned. Then on 31.08.2021, again an order is passed. The respondent to state on oath, on the next date of hearing, the holding of property and the funds be it in banks, financial institutions or the like including investment in shares, debentures stocks, failing which an adverse inference will be drawn against respondent-wife.. Then again on 03.06.2025, this Court has passed an order considering the earlier orders that inspite of an order, the respondent / wife has not filed the affidavit and also there is no representation. When the matter came up on - 4 - HC-KAR NC: 2025:KHC:30812 WP No. 5194 of 2021 03.06.2025, as a final opportunity directed the matter to be listed on 04.08.2025 or else orders will be passed basing on the material on record and again the matter came up on 04.08.2025, even on that day also, neither there was representation nor affidavit is filed as per the orders of this court and accordingly the court had directed to list the matter today i.e., 06.08.2025. Today also, there is no representation on behalf of the respondent. 3. The learned counsel for the petitioner has drawn the attention of the court to the document dated 23.03.2018 whereby the wife had purchased the property for a consideration of ₹ 80,00,000/-, which is a huge amount and still she has suppressed the said fact and sought for maintenance of ₹ 8,000. 4. As rightly argued by the counsel for the petitioner, a party who has come before the court with suppression and misrepresentation of facts is not entitled for any relief and inspite of repeated orders, not coming before the court, not filing the affidavit as directed by the - 5 - HC-KAR NC: 2025:KHC:30812 WP No. 5194 of 2021 court, shows that the respondent has no respect to the orders of the court. In these circumstances, this court is passing the following: ORDER (i) The order dated 10.02.2021 passed in Crl.Misc.No.05/2016 is set aside. (ii) The writ petition is allowed with costs of ₹ 50,000/-(Rupees Fifty Thousand Only), which the respondent is liable to pay to the husband within a period of 4 weeks from the date of receipt of the copy of the order. (iii) All pending I.As in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SS List No.: 2 Sl No.: 2