- 1 - HC-KAR NC: 2025:KHC:41287 WP No. 34700 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 34700 OF 2024 (GM-FC) BETWEEN: MR.ANIL PETER D’CUNHA S/O LATE MAXIM D’CUNHA, AGED ABOUT 46 YEARS, R/AT ND NO. 1-92/2, MOLAMPAIL, HOUSE, NEAR PUMP HOUSE, KULOOR, MANGALURU 575 013. REP BY HIS GPA HOLDER, ASHOK FRANCIS D’CUNHA …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: MRS.PRAFULLA FLAVIA MIRANDA W/O ANIL PETER D’CUNHA, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41287 WP No. 34700 of 2024 D/O EDWIN MIRANDA, AGED ABOUT 39 YEARS, R/AT MIRANDA COMPOUND, MATADAKANI 4TH CROSS, BALOOR, MANGALURU - 575 003. …RESPONDENT (BY SRI. SANATHKUMAR SHETTY K., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED: 25.11.2024 PASSED IN EXECUTION CASE NO. 51/2023 ARISING OUT OF M.C NO. 61/2014 PENDING ON THE FILE OF THE 1ST ADDL. FAMILY COURT, MANGALURU VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:41287 WP No. 34700 of 2024 ORAL ORDER Aggrieved by the order passed in Execution Case No.51/2023 arising out of M.C.No.61/2014 dated 25.11.2024 by the I Additional Principal Judge, Family Court, D.K. Mangaluru, the petitioner is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The husband had filed M.C.No.61/2024 seeking restitution of conjugal rights and in that they entered into a compromise on 26.03.2014. As per clause No.7 of the said compromise, the husband has to pay an amount of Rs.4,000/- per month towards the expenses of the minor child. Thereafter, the wife had filed M.C.No.460/2019 which came to be decreed on 06.03.2023. As per the same, an amount of Rs.10,00,000/- is awarded as permanent alimony. The wife had filed Execution Case No.51/2023 against the judgment debtor/husband seeking issuance of garnishee order to the Union Bank of India, Ram Bhavan Complex, Kodialbail, Mangaluru to attach a sum of Rs.4,42,000/- or such other amount available to the extent of Rs.4,42,000/- in the SB account of the judgment - 4 - HC-KAR NC: 2025:KHC:41287 WP No. 34700 of 2024 debtor/husband and to detain the judgment debtor in a civil prison for failure to pay the amounts as per the decree. The Family Court had allowed the Execution petition filed by the wife and the objections of the judgment debtor/husband were rejected and the husband was directed to make payment of the execution amount without fail. 4. Learned counsel appearing for the husband submits that the compromise in the restitution petition is in the year 2014 and thereafter, in the year 2019, the wife had filed M.C. for divorce. In that, although she was claiming maintenance for herself and for the minor child, by virtue of this order, the husband has to face the parallel proceedings where permanent alimony was already granted. In those circumstances, the Family Court was not right in passing the order impugned. 5. Learned counsel appearing of the wife submits that the compromise decree is dated 26.03.2014 and as per the terms of the compromise, the husband has to pay an amount of Rs.4,000/- per month to the minor child. Admittedly, the husband has not paid the same. It is submitted the Family - 5 - HC-KAR NC: 2025:KHC:41287 WP No. 34700 of 2024 Court had rightly considered and passed the order and no interference is called for. 6. Having heard the learned counsels on either side, perused the entire material on record. The undisputed facts in this case are that the husband had filed MC.No.64/2014 and there is compromise decree where the husband has agreed to pay an amount of Rs.4,000/- per month to the minor child. Admittedly, the same is not paid by the husband. Permanent alimony is granted to the wife. Even though he has paid the permanent alimony to the wife, it will not absolve his liability to pay the amount of Rs.4,000/- per month towards the expenses of the child as per the compromise decree dated 26.03.2014. In the considered opinion of this Court, the Family Court had rightly allowed the execution petition and there are no grounds to interfere with the well considered order passed by the Family Court. Hence, this Court is passing the following: - 6 - HC-KAR NC: 2025:KHC:41287 WP No. 34700 of 2024 ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 14