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2026 DAILYLAW 17607 (KAR)

SRI.ABHIJITH SHANKAR v. SMT.S.M.REKHA

WP/4169/2026 · 2026-02-17

Chillakur Sumalatha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9732 WP No. 4169 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.4169 OF 2026 (GM-FC) BETWEEN: SRI.ABHIJITH SHANKAR S/O UDAY SHANKAR AGED ABOUT 40 YEARS, RESIDING AT NO. 4, GURUDHAMA 11TH CROSS, MALAGALA, NAGARABHAVI, 2ND STAGE, BANGALORE - 560091 …PETITIONER (BY SRI. ANAND M. SHOLAPURMATH, ADVOCATE) AND: SMT.S.M.REKHA, W/O. ABHIJITH SHANKAR, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9732 WP No. 4169 of 2026 AGED ABOUT 39 YEARS, RESIDING AT FLAT NO.403, C. C.RESIDENCY, SBI ROAD, KSRTC LAYOUT, CHIKKALLASANDRA, BANGALORE - 560 061. …RESPONDENT (V/C/O DATED 17.02.2026, NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS AN ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 13.01.2026 PASSED BY THE HON'BLE IV ADDITIONAL PRL FAMILY JUDGE, AT BENGALURU, IN M.C. NO. 2711/2018, VIDE ANNEXURE-A ON I.A. No. 12 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:9732 WP No. 4169 of 2026 ORAL ORDER In the light of the limited relief sought for, this Court is of the view that notice to respondent is not required to be issued and accordingly notice to respondent is dispensed with. 2. Heard Sri.Anand M.S., learned counsel for petitioner. 3. Seeking the Court to issue a writ of certiorari or any other appropriate writ and to quash the order that is rendered by the Court of IV Additional Principal Judge, Family Court, Bengaluru, on IA No.XII in M.C.No.2711/2018 dated 13.01.2026, this writ petition is filed. 4. Learned counsel for the petitioner submits that the petitioner was regular in paying the maintenance and he fell due of ₹44,000/- only. Respondent/wife filed I.A.XII seeking the Court to strike off the defence of the petitioner due to non-payment of maintenance and the Family Court - 4 - HC-KAR NC: 2026:KHC:9732 WP No. 4169 of 2026 accordingly passed an order striking off the defence of the petitioner. Learned counsel submits that petitioner will deposit entire amount which is due within short time and therefore this writ petition may be allowed. 5. As the petitioner/husband failed to pay the interim maintenance as ordered by the Family Court, his defence was struck off through the impugned order. However, considering the submission that is made by learned counsel for the petitioner, this Court considers desirable to give fair opportunity to the petitioner to deposit the amount as ordered. Therefore, the writ petition is disposed of with the following: ORDER i) The order passed by the Court of IV Additional Principal Judge, Family Court, Bengaluru, on IA No.XII in M.C.No.2711/2028 dated 13.01.2026 is kept in abeyance for a period of two weeks. ii) Petitioner to clear all arrears within such time. - 5 - HC-KAR NC: 2026:KHC:9732 WP No. 4169 of 2026 iii) In case petitioner fails to clear the arrears within the time granted, the impugned order shall come into force on expiry of the time granted by this Court through this Order. iv) As the writ petition is disposed of without service of notice to the respondent, Family Court, Bengaluru, is directed to serve a copy of this order to the respondent so as to give notice to the respondent about the filing of writ petition by the petitioner and its disposal. v) Registry is directed to send a copy of this order to the concerned Court, forthwith. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 28