- 1 - NC: 2025:KHC-D:2255-DB WP No. 107021 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 107021 OF 2023 (GM-RES) BETWEEN: SRI C.G.M.VISHWAS S/O. H. B. GANGAPPA, AGE: 46 YEARS, OCC: LECTURER, R/O. HOUSE NO.276, M.I.G., KALLSHALLY II STAGE, AT SHIVAMOGGA, DIST. SHIVAMOGGA-577201 …PETITIONER (BY SRI. ANIL KALE, ADVOCATE) AND: 1. SMT. SHEETTAL W/O. C.G.M. VISHWAS, AGE: 39 YEARS, OCC: HOUSEHOLD WORK, R/O. SHIVAMOGGA, NOW R/O. KALASAPUR ROAD, AT GADAG, TQ. AND DIST. GADAG-582101 2. KUMARI. SAMPADA D/O. C.G.M. VISHWAS, AGE: 17 YEARS, OCC: STUDENT, SINCE MINOR NOW R/BY HER NEXT FRIEND /GUARDIAN MOTHER I.E., RESPONDENT NO.1 R/O. SHIVAMOGGA NOW RESIDING AT KALASAPUR ROAD, AT: GADAG, TQ: AND DIST: GADAG-582104. …RESPONDENTS (BY SMT. PADMAJA S. TADAPATRI, ADVOCATE FOR R1 AND R2.) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2255-DB WP No. 107021 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, 1950 R/W SECTION 482 OF CR.P.C. PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ENTIRE PROCEEDINGS INITIATED U/S 125(3) OF CR.P.C. IN CRIMINAL MISC, 162/2017 PENDING ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT GADAG VIDE ANNEXURE-B3 WITH RESPECT TO THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR HEARING- INTERLOCUTORY APPLN, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The petitioner and respondent No.1 are married and estranged with the marital dischord between them pending consideration in the appeal in MFA No.3830/2018. This appeal by the respondent is as against a decree for divorce. In this writ petition, the petitioner has sought for quashing of proceedings in Crl.Misc.No.162/2017 on the file of the Principal - 3 - NC: 2025:KHC-D:2255-DB WP No. 107021 of 2023 Judge, Family Court, Gadag and Crl.Misc.No.132/2022 pending on the file of the Principal Judge, Family Court, Gadag. These two proceedings are under Section 125 of Cr.P.C. The respondents have filed these proceedings for enforcement of the maintenance payable in terms of this order’s dated 09.06.2022 in RPFC No.100043/2017 c/w RPFC No.100135/2017. The petitioner by this order dated 09.06.2022 is called upon by this Court to pay a sum of Rs.10,000/- per month as maintenance to the first respondent and a sum of Rs.20,000/- to the second respondent. The second respondent is the daughter of the petitioner and the first respondent. 2. This Court must mention that on 05.12.2023, the petitioner is directed to deposit a sum of Rs.8,05,500/- while staying further proceeding in Crl.Misc.No.162/2017 and Crl.Misc.No.132/2022. The petitioner has deposited - 4 - NC: 2025:KHC-D:2255-DB WP No. 107021 of 2023 this amount. The respondents have filed the present application for discharging the first respondent as the guardian of the second respondent and to withdraw the amount in deposit. This Court has already permitted the respondents to withdraw the amount, but, as canvassed by the learned counsel for the respondents, the respondents are not able to withdraw this amount because the second respondent has crossed 18 years and the first respondent continues as her guardian. The learned counsel submits that the second respondent has completed 18 years, and she is pursuing Engineering, and as such, the first respondent may be discharged from being the guardian of the second respondent and the office also be directed to disburse the amount in deposit equally to the respondents. 3. Sri Anil Kale, submits that the petition could be disposed of in the light of the fact the petitioner, during the pendency of these proceeding, - 5 - NC: 2025:KHC-D:2255-DB WP No. 107021 of 2023 has deposited a sum of Rs.52,04,500/- as against an arrears of Rs.54,00,000/- as on 01.02.2025. The learned counsel also submits that if reasonable time is granted, the petitioner will pay the balance amount as well and continue to pay maintenance in terms of the order in RPFC No.100043/2017 c/w RPFC No.100135/2017 subject to orders in the pending appeal in MFA No.3830/2018. 4. Smt. Padmaja S. Tadapatri, the learned counsel for the respondents, disputes that the petitioner has paid Rs.52 lakh and odd and submits that the respondents must be permitted to file a Memo of Calculation in the pending proceedings. In rejoinder, Sri Anil Kale submits that during the pendency of this writ petition and even earlier, the petitioner has directly transferred certain amounts to the second respondent’s account and that, apart from the above two proceedings, there are other multiple - 6 - NC: 2025:KHC-D:2255-DB WP No. 107021 of 2023 proceedings, and this Court may pass just orders to ensure that there is no precipitation. 5. In the light of the afore, the petition stands disposed of reserving liberty to the petitioner to file a memo furnishing the details of criminal miscellaneous cases filed by the respondents for enforcement. This memo shall be filed in Crl.Misc.No.162/2017. If the petitioner files such memo furnishing the details, the Family Court is called upon to take up all these applications together for issuance of necessary process if called for. The petitioner and respondents are reserved with liberty to file the respective Memos of Calculation furnishing the computation of the arrears and the details of payment made so far. The application [IA 1/2025] for discharging the first respondent as the guardian of the second respondent is allowed and the application [IA No.3/2024] is allowed directing the office to disburse the amount in deposit equally between two - 7 - NC: 2025:KHC-D:2255-DB WP No. 107021 of 2023 respondents, upon they furnishing their account details. All pending applications are disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE Vmb/ct-vg LIST NO.: 1 SL NO.: 35