- 1 - NC: 2025:KHC-D:360 WP No. 107650 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.107650 OF 2024 (GM-FC) BETWEEN: SMT. POOJA W/O. RUDRAPPA SHIRASANGI. AGE: 23 YEARS, OCC: HOUSEHOLD. R/O: KALLAPUR, TQ AND DIST: HAVERI, C/O. POOJA D/O. YALLAPPA LADDIYAVAR, R/O: NEAR BASAVANNA TEMPLE, AMARGOL, TQ: HUBBALLI, DIST: DHARWAD. …PETITIONER (BY SRI T. R. PATIL, ADVOCATE) AND: SHRI RUDRAPPA S/O. SIDDAPPA SHIRASANGI, AGE: 35 YEARS, OCC: COOLIE AND BUSINESS, R/O: KALLAPUR, TQ AND DIST: HAVERI – 581 102. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED ORDER DATED 11-01-2024 PASSED BY THE I - ADDL. PRL. JUDGE, FAMILY COURT, HUBBALLI IN CRL. MISC. NO. 109/2023 VIDE ANNEXURE-B IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Date: 2025.01.18 11:02:13 +0530 - 2 - NC: 2025:KHC-D:360 WP No. 107650 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court calling in question an order dated 11.01.2024 by which the concerned Court has dismissed Crl.Misc.No.109/2023 for its non- prosecution. 2. The petitioner is the wife. The respondent is the husband. The proceedings that were before the concerned Court was for seeking maintenance under Section 125 of the Cr.P.C. That being so, the concerned Court going to the act to the wife in not taking steps to serve the husband, dismissed the petition for its non-prosecution since the wife had preferred petition under Section 125 of Cr.P.C. seeking maintenance concerned Court ought not to have dismissed the petition for its non-prosecution. The reason rendered for dismissal is on the face of it erroneous. Therefore, I deem it appropriate to set aside the order dated 11.01.2024 and restore the matter on the file of the concerned Court. - 3 - NC: 2025:KHC-D:360 WP No. 107650 of 2024 3. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed. (ii) The order dated 11.01.2024 passed by I Addl. Prl. Judge, Family Court, Hubballi, in Crl.Misc.No.109/2023 is quashed. (iii) The matter is restored on the file of the concerned Court. (iv) The concerned Court is directed to regulate its procedure. (v) The petitioner is granted four weeks’ time to take steps as necessary in law. (vi) Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 25