- 1 - HC-KAR CNR: KAHC010337502023 NC: 2026:KHC:50581 WP No. 14306 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 14306 OF 2023 (GM-RES) BETWEEN: B. PRASAD S/O B. APPARAO AGED ABOUT 50 YEARS RESIDING AT RAJANNA BUILDING, ASHOK NAGAR, VIJAYAPURA TOWN, DEVANAHALLI TALUK - 562110 BENGALURU RURAL DIST. …PETITIONER (BY SRI. SUHAS C., ADVOCATE FOR SRI. SRIDHARA B.R., ADVOCATE) AND: 1. SMT. NOOKURATHNAM W/O B. PRASAD AGED ABOUT 41 YEARS 2. KUM. B. LAKSHMI MEGHANA D/O B. PRASAD AGED ABOUT 17 YEARS (REP BY 1ST RESPONDENT) BOTH RESIDING AT H-CROSS, KARIYANAPURA, JANGAMKOTE HOBLI, SIDLAGHATTA TALUK -562101 Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010337502023 NC: 2026:KHC:50581 WP No. 14306 of 2023 CHIKKABALLAPUR …RESPONDENTS (BY SRI. S. RAGHUNANDAN, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO CALL FOR THE ENTIRE RECORDS IN C.MIS.NO.120/2018 FROM THE FILE OF CIVIL JUDGE AND JMFC, SIDLAGHATTA, CHIKKABALLAPUR AND SET ASIDE THE IMPUGNED ORDER ANNEXURE-C DATED 11.11.2021 PASSED IN CRL.MIS. NO.120/2018 FROM THE FILE OF CIVIL JUDGE AND JMFC, SIDLAGHATTA, CHIKKABALLAPUR, AND SET ASIDE THE ORDER PASSED BY THE COURT OF THE II DISTRICT AND SESSION JUDGE, CHINTAMANI, CHIKKABALLAPUR ON 11.05.2023 IN CRL.R.P NO 53/2021 AS ANNEXURE-D FILED BY PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR CNR: KAHC010337502023 NC: 2026:KHC:50581 WP No. 14306 of 2023 ORAL ORDER Heard Sri Suhas C., learned counsel appearing on behalf of Sri Sridhara R.R., counsel for the petitioner and Sri S. Raghunandan, learned counsel for respondent Nos.1 and 2. 2. The main grievance of the petitioner/husband is that without filing the assets and liability statement, Trial Judge granted the interim maintenance which is against the principles of law enunciated by the Hon'ble Apex Court in the case of Rajnesh vs. Neha and others, reported in (2021) 2 Supreme Court Cases 324. 3. When this aspect of the matter is brought to the notice of the counsel for respondent, he would fairly submitted that interim order may be set aside and matter may be remitted to the Trial Magistrate for fresh disposal in accordance with law, with opportunity to file assets and liability statement. 4. Placing the submission of the counsels on record and also noticing the inherent mistake committed by the learned Trial Magistrate, following order is passed: - 4 - HC-KAR CNR: KAHC010337502023 NC: 2026:KHC:50581 WP No. 14306 of 2023 ORDER (i) Petition is allowed. (ii) Impugned order passed by the learned Civil Judge and JMFC., Sidlaghatta, Chikkaballapur in C.Mis.No.120/2018 is hereby set aside. (iii) Matter is remitted to the Trial Magistrate for fresh disposal in accordance with law following the principles of law in the case of Rajnesh supra. (iv) Parties are at liberty to place assets and liability statement and thereafter matter be disposed of within a period of one month. (v) Parties shall appear without further notice before the learned Trial Magistrate irrespective of the date of hearing on 28.09.2026. Sd/- (V SRISHANANDA) JUDGE MR List No.: 1 Sl No.: 68