- 1 - NC: 2025:KHC-D:2709 WP No. 106230 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.106230 OF 2024 (GM-FC) BETWEEN: SHRI ASHOK S/O. KHOBANNA BUDRI, AGE: 36 YEARS, OCC: COOLIE, R/O: VALMIKI NAGAR, SANTI BASTAWAD, TQ AND DIST: BELAGAVI – 590 014. …PETITIONER (BY SRI S. B. DEYANNAVAR, ADVOCATE) AND: SMT. VIJAY LAXMI ASHOK BUDRI, AGE: 31 YEARS, OCC: HOUSEHOLD WORK, R/O: C/O: MADIVALAPPA DANDESHANAVAR, BASAVESHWAR ONI RAMPUR, DHARWAD. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER, AND DIRECTION/DIRECTING TO QUASH THE ORDER ON IA NO. III OF THE JUDGE FAMILY COURT DHARWAD PASSED IN CRI. MISC. PET NO. 307/2023 DATED. 08/12/2023 PRODUCED AT ANNEXURE-A AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2709 WP No. 106230 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “a. A writ of certiorari or any other appropriate writ order, and direction/directing to quash the order on IA No. III of the judge family court Dharwad passed in Cri. Misc. Pet No. 307/2023 dated 08/12/2023 produced at Annexure-A. b. Directing the respondent to pay the costs of this writ petition to petitioner and grant such other relief of reliefs which this Hon’ble Court may be pleased to grant in the circumstances of the case to meet the ends of justice. c. Pass such other relief/order appropriate in the circumstance of the case in favour of petitioner.” 2. According to the learned counsel appearing for the petitioner, the petitioner is the second husband during the subsistence of the marriage with the first husband. Suppressing the same, the respondent-wife is said to have married the petitioner, thereafter, the relationship between the husband and wife flounders. The wife is said to have instituted proceedings invoking Section 24 of the Hindu - 3 - NC: 2025:KHC-D:2709 WP No. 106230 of 2024 Marriage Act seeking interim maintenance at the hands of the husband - the present petitioner. 3. The petitioner – husband is at the doors of this Court on the score that the wife has married the present petitioner without divulging the fact that the first marriage was still in subsistence and therefore, on coming to know of such marriage has filed an appropriate petition before the concerned Court seeking declaration that the marriage with the present petitioner is null and void and therefore submits that the amount of maintenance at ₹.3,000/- should not be permitted to be executed. 4. The submission is noted only to be rejected. The petitioner - husband and the respondent – claimant - wife are married, whether the marriage is valid or not still to be tested before the concerned Court, where the petitioner has instituted the proceedings to declare the marriage as null and void. The reasons maybe manifold, but as long as the marriage between the petitioner and the respondent - wife is in subsistence or unless dissolved in the manner known - 4 - NC: 2025:KHC-D:2709 WP No. 106230 of 2024 to law, the husband is bound to maintain his wife and the amount so awarded at ₹.3,000/- which is not so exorbitant for this Court to intervene on the said submission and obliterate the said finding. The petition lacking in merit stands rejected. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 79