- 1 - HC-KAR NC: 2026:KHC:30840 WP No. 15676 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 15676 OF 2022 (GM-RES) BETWEEN: ABDUL RAUF AGED ABOUT 40 YEARS S/O AHMED FURNITUREWALA A1-AHMED HOTEL R/AT NO. 163 ZAKARIYA MASJID ROAD, NEAR HASMIYA SCHOOL MUMBAI - 400 001. …PETITIONER (BY SRI. SUDESH KUMAR ACHARYA U., ADVOCATE) AND: MASOODA BANU AGED ABOUT 32 YEARS W/O ABDUL RAUF R/AT SHAMSHAD MANZIL FISHERIES ROAD, POST MULOOR KAUP TALUK - 574 115 UDUPI DISTRICT. …RESPONDENT (BY SRI. PONNANNA M.R., ADVOCATE FOR SRI. PATIL BHARATI TAMMANAGOUDA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30840 WP No. 15676 of 2022 QUASH THE ENTIRE PROCESS/PROCEEDINGS IN CRL.MISC.CASE.NO.343/2017 ON THE FILE OF THE COURT OF THE II ADDITIONAL CIVIL JUDGE AND JMFC UDUPI VIDE ANNEXURE-A AND TO DECLARE THAT THE SAID CASE IS AN ABUSE OF PROCESS OF LAW AND ILLEGAL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court being aggrieved by the proceedings initiated by the respondent in Crl.Misc.No.343/2017 on the file of II Additional Civil Judge, JMFC, Udupi, under the provisions of Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short `Act, 2005'). 2. Admittedly petitioner and the respondent were married in terms of the personal law applicable to them on 16.06.2015 at Kodikambala Nazarath, Shirva, Udupi. The relationship turned hostile resulting in respondent initiating the proceedings. By the impugned order, the trial Court has directed the petitioner to pay a sum of Rs.10,000/- as interim - 3 - HC-KAR NC: 2026:KHC:30840 WP No. 15676 of 2022 maintenance from the date of the order that is 14.02.2018. Being aggrieved by the same, petitioner is before this Court. 3. Learned counsel for the petitioner taking this Court through the records submits that the petition before the trial Court under the provisions of Act, 2005 is not maintainable inasmuch as two years prior to filing of the said petition, parties had mutually separated and had dissolved their marital relationship by entering into a deed of divorce (kulanama) dated 10.10.2017, and the same has been attested and certified by a Assistant Qazi at Mumbai. Referring to these two documents produced at Annexures-H and J, learned counsel for petitioner submits that the petitioner herein did not have opportunity of producing the said documents before the trial Court. Had he produced the same, the result would have been different. The proceedings be quashed as there is no relationship of any nature whatsoever between the petitioner and respondent warranting initiation of proceedings under Section 12 of the Act, 2005. - 4 - HC-KAR NC: 2026:KHC:30840 WP No. 15676 of 2022 4. Per contra learned counsel appearing for the respondent through video conference submits that there is an inherent defect in Annexures- H and J where the dates on the said documents indicate the same having been brought up and he stoutly denies any such agreement or deed of divorce having been entered into between the petitioner and the respondent. However, he fairly submits that if the petitioner files the said documents before the trial Court, the respondent would advert to the contents and the circumstances of execution of said documents and a direction be issued to the trial Court to pass appropriate orders thereon. He hasten to add that despite there being an order to pay Rs.10,000/- per month having been passed as far back as on 14.02.2018, the petitioner has not paid a single pie. The arrears are mounting beyond six lakhs. 5. In response, learned counsel for the petitioner submits that the petitioner did not pay the amount in view of the interim order granted by this Court. Further, he submits that the petitioner is ready and willing to deposit 50% of the amount subject to condition of the said amount to be - 5 - HC-KAR NC: 2026:KHC:30840 WP No. 15676 of 2022 withdrawn by the respondent only after order in that regard being passed by the trial Court. 6. Submission placed on record. 7. In the light of disputed questions of facts being raised with regard to the subsistence of marital relationship between the parties and in the light of purported deed of dissolution of marriage and the certification of the same as per Annexures- H and J to the petition, this Court deems it appropriate to pass the following: ORDER Petition disposed of with the following directions: Petitioner herein who is respondent in the domestic violence case is at liberty to file his statement of objections along with the documents referred to herein and take up such contention as available under law. The respondent is also at liberty to file statement of objections/rejoinder as the case may before the trial Court. The trial Court on hearing the parties shall pass appropriate order in accordance with law. - 6 - HC-KAR NC: 2026:KHC:30840 WP No. 15676 of 2022 The petitioner, however, shall deposit 50% of the arrears of maintenance amount at the rate of Rs.10,000/- from the date of the order passed by the trial Court within four weeks from today before the trial Court. It is only thereafter petitioner would be entitled to file statement of objections and for consideration thereof as directed above. It is further made clear, the respondent would be entitled to withdraw the said amount together with any amount to be ordered by the trial Court only after consideration of the case as directed above and an order to that effect is passed in accordance with law. Since the parties are represented by their respective counsel, they shall appear before the trial Court on 30.06.2026 without any further notice. The trial Court shall endeavor to dispose of the matter as expeditiously as possible. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 49