- 1 - HC-KAR NC: 2025:KHC-D:17394 WP No. 108313 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108313 OF 2025 (GM-FC) BETWEEN: H. VENKATESH S/O. HANUMANTHAPPA AGE: 49 YEARS, OCC: HEAD CONSTABLE, R/O: POLICE HEAD QUARTERS, COWL BAZAR TQ: AND DIST: BALLARI-583201. …PETITIONER (BY SRI. VADIRAJ P. VADAVI, ADVOCATE) AND: 1. SMT. ASHA W/O. H. VENKATESH AGE: 44 YEARS, OCC: HOUSEWIFE, 2. MR. AKHIL S/O. H.VENKATESH AGE:12 YEARS, OCC: STUDENT, 3. KUM TRISHA D/O H. VENKATESH AGE. 12 YEARS, OCC. STUDENT, (RESPONDENT NO.2 AND 3 BEING MINORS REP. BY THEIR NATURE MOTHER GURADIAN I.E.R-1 (ALL ARE R/O: NEAR YERRITHATAHA BAKERY RAMANJINEYA NAGAR, COWLBAZAR, TQ AND DIST. BALLARI-583201) …RESPONDENTS (BY SRI. GANAPATI M. BHAT, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 16.10.2025 PASSED BY THE COURT OF PRL. JUDGE, FAMILY COURT, BALLARI IN CRIMINAL MISC.NO.196/2025, IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-E. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Date: 2025.12.09 11:55:15 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17394 WP No. 108313 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following. i) Issue a Writ of Certiorari quashing the Impugned Order Dated 16.10.2025 passed by the Court of Prl. Judge, Family Court, Ballari in Criminal Misc.No.196/2025, in the interest of justice and equity vide ANNEXURE-E. ii) Issue any other order or direction as this Hon’ble court deems fit in the circumstances of the case, in the interest of justice and equity. 2. The prayer of the petitioner is seeking stay of an order passed by the concerned Court. The issue is with regard to the ailment of the respondent – wife for which immediate surgery is needed. In those circumstances, the concerned Court has passed the following order. “ORDERS ON I.A. No. II FILED U/S,144(1) OF BNSS 2023. This is an application filed by the petitioners U/S.144(1) of Cr.P.C. though wrong provision is quoted, in fact it is an application U/S.144(1) of BNSS for Interim Maintenance. The first petitioner is praying this court to grant Interim Maintenance of Rs.1,50,000/- as she is required to undergo surgery. 2. In the annexed affidavit of the first petitioner, it is stated that she is the first petitioner and petitioners 2 and 3 are their minor children. The averments of Main Petition my be read as part and parcel - 3 - HC-KAR NC: 2025:KHC-D:17394 WP No. 108313 of 2025 of the affidavit. Due to acid administered by the respondent, her health will be deteriorating due to her health problem, she was admitted to Anushaka, Yashfeen Hospitals and M.M. Hospitals Ballari and Sahasra Hospital, Bengaluru for three days. The doctors diagnosed and found that due to stones in the gall bladder she is advised to under go surgery. So she requires Rs.1,50,000/- for surgery. If the application is allowed, no hardship will be caused to the respondent. If the application is not allowed she will be put to great hardship. Hence, prays to award Interim Maintenance. 3. Objections to this application are filed contending that the application is bad in law, false on facts and it is not maintainable. On 10.06.2025 the petitioner has produced the documents to show that she had taken treatment on 22.07.2025, Without producing any documents she is contending that she has symptoms of gall bladder stones. Only with an intention to harass the respondent this application is filed. The respondent is paying Rs.4,000/- per month to the first petitioner and Rs.2,000/- each per month to the petitioners 2 and 3 as maintenance in Crl. Misc. No. 764/2016 filed under Domestic Violence Act. He is bearing School Fees and all other expenses. Petitioners and respondent belonging to SC Community. The Government has providing free medical treatment in VIMS Hospital, Ballari. Hence prays to dismiss the petition. 4. This case Heard the arguments on both the sides 5. was posted for Orders on 27.10.2025. However on 10.10.2025 advancement application is filed. The petitioner sought for an urgent order on the application. 6. Perused the documents. 7. Heard both sides again, 8. The following Points arise for my consideration; - 4 - HC-KAR NC: 2025:KHC-D:17394 WP No. 108313 of 2025 1. Whether the respondent is to be directed to pay Medical Expenses of the petitioner? 2. What order? 9. My answers to the above points are as follows: Point No.1: Partly in the Affirmative. Point No.2: As per final order, for the following: 10. Point No.1: At the outset it is to be stated that the petitioner has produced the Report of Ultrasound Abdomen Scanning along with photos. Sahasra Hospital Jayanagar, Bengaluru has given a Certificate that petitioner has "symptomatic gallbladder stones and requires emergency gallbladder surgery. She is undergone major Abdomen surgery, the current procedure is likely to be difficult. The duration of hospital stay would be 2 days and the cost of the procedure including hospital stay, surgery, medications and professional fee could be approximately Rs.1,50,000/- The Certificate suggested that already petitioner has undergone "re-constructive surgery". But whether the respondent is responsible for it is the first question? 11. In the affidavit the petitioner alleges that her husband has administered the Acid to her. The document produced by her i.e., the complaint given to the Police reveals that she has drunk the Acid in front of the house of her father. There should be some limit in what should be pleaded. It is not at all the case of the petitioner that respondent has administered the Acid to her. On the other hand, she has consumed it voluntarily, according to their own documents. It is stated to be that due to the torture given by the husband, Be that as it may, the respondent wants to contend that he is a Police Constable. They belonged to Schedule Caste, they are getting Medical Treatment at Free of Cost in VIMS Hospital, Ballari. Why the petitioner should not take treatment in that Hospital. - 5 - HC-KAR NC: 2025:KHC-D:17394 WP No. 108313 of 2025 12. On the other hand, the petitioner wants to contend that she is taking treatment in Sahasra Hospital, Jaya Nagar, Bengaluru. Neither the petitioner can insist that she will thae treatment only a particular hospital nor respondent can force her to take treatment in VIMS Hospital, Ballari. There should be via media agreement. Without the consent of a Government Servant and without getting her admitted in the Hospital how can the respondent say that petitioner will get medical treatment at Ballari. If he has that much of concern, by this time, he would have taken the petitioner to the hospital. Here the question is regarding the concern and not the money matter. Petitioner cannot even force him to take her to the hospital. Since this case is pending before the court, both of them shall not indulge in filing baseless affidavits or making baseless case and counter case. Paramount consideration is the health condition of the petitioner. If the respondent is directed to pay the amount for medical treatment to the hospital directly, or if the respondent does not pay then the defendant may recover the expenses from respondent. With these observations Point No.1 is answered partly in the Affirmative and I proceed to pass the following: ORDER I.A.No.II filed by the petitioner U/5.144(1) of BNSS is hereby partly allowed. The respondent-husband may directly pay the Medical Expenses to Sahsra Hospital, Jaya Nagar, Bengaluru or he may deposite the Medical Expenses amount before the Court. Tentative deposit of the amount as in this Certificate issued by Sahasra Hospital, Jaya Nagar, Bengaluru may be either deposited in the Court or he may pay directly to the hospital as per the convenience of the respondent. Call on 28.10.2025. - 6 - HC-KAR NC: 2025:KHC-D:17394 WP No. 108313 of 2025 (Dictated to the Stenographer, transcribed by her through Computer, corrected, signed and then pronounced-by me in the Open Court on this 16th day of October 2025). Sd/- (VENKATESH) PRL. JUDGE, FAMILY COURT, BALLARI. Advocate for the petitioner filed a memo with Medical expenses bills and transport expenses. Advocate for the respondent filed memo with copy of his own sickness certificate and discharge card. Court has expressed that as responsible husband they should have behaved. There are two minor children. If both of them take treatment on the hospital then whose case is emergent has to be decided by the Court. Respondent comply the 16.10.2025 forthwith. Call on 07.11.2025.” 3. The petitioner – husband is before the Court contending that the government scheme is available notwithstanding the same. The respondent – wife is wanting to get herself operated in a particular place which is not covered under the scheme. The respondent counsel submits that the ailment as noticed by the concerned Court requires such intervention at the hands of a different hospital and the counsel for the petitioner submits that since he is a government servant and direction is issued for reimbursement of the medical expenses, it would suffice for the present. - 7 - HC-KAR NC: 2025:KHC-D:17394 WP No. 108313 of 2025 4. Therefore, without interfering with the order impugned, I deem it appropriate to dispose the petition with a liberty to the petitioner to pay the surgery charges and in terms of the order passed by the concerned Court and seek reimbursement from the hands of the State which shall be considered by the State in accordance with law and necessary orders be passed thereon. 5. Since the State is not a party to the proceedings, after the surgery, it is open to the petitioner to submit a representation to the State which shall be considered by the State in accordance with law under the law under the Reimbursement of Medical Expenses Act, 1961. 6. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE Rsh / CT:ANB List No.: 1 Sl No.: 30