- 1 - HC-KAR CNR: KAHC010791122025 NC: 2026:KHC:54558 WP No. 37027 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 37027 OF 2025 (GM-FC) BETWEEN: HARISH B.S., AGED ABOUT 43 YEARSF S/O SEETHARAMA NO.8, 4TH CROSS NETRAVATHLI ROAD, GANGAPPA LAYOUT UDAYANAGAR BENGALURU -560 016 …PETITIONER (BY SRI. N.MANOHAR, ADVOCATE) AND: 1. SHOBHA AGED ABOUT 30 YEARS W/O HARISH B.S., NO.113/18/3RD CROSS, KRISHNA DEVARAYA LAYOUT K.R.PURAM, V.B. LAYOUT BENGALURU -560 038 PH 8296780989 2. SURESH AGED ABOUT 37 YEARS R/A LAKSHMI VENKATESWARA REAL ESTATE, PWD MAIN ROAD AKASH NAGAR, AN PURA BENGALURU -560 016 PH: 986168593 …RESPONDENTS (NOTICE TO R1 IS HELD SUFFICIENT V/O/D: 16/09/2026 NOTICE TO R2 IS DISPENSED WITH V/O/D:16/09/2026) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010791122025 NC: 2026:KHC:54558 WP No. 37027 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 03.11.2025 (ANNEXURE-K) PASSED IN MC NO. 1657/2020 ON THE FILE OF THE 1 ST (ST) ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU, DISMISSED THE PETITION FOR DEFAULT FOR NON-COMPLIANCE OF THE ORDER OF THE COURTS AND FURTHER PROCEEDINGS IN THE MATTER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 03.11.2025 passed in M.C.No.1657/2020 by the I Additional Principal Judge, Family Court, Bengaluru, the petitioner/husband is before this Court. For the sake of convenience, the parties are referred to as husband and wife. 2. The husband had filed M.C. petition seeking divorce. In that petition, the wife had filed an application seeking maintenance, and the Family Court had granted maintenance. As the husband failed to pay the amount, the Family Court had dismissed the M.C. petition for non-prosecution. Aggrieved thereby, the husband is before this Court. - 3 - HC-KAR CNR: KAHC010791122025 NC: 2026:KHC:54558 WP No. 37027 of 2025 3. Learned counsel appearing for the husband submits that the outstanding amount is Rs.4,00,000/-. The husband has already paid Rs.3,30,000/- and has now obtained a demand draft for an amount of Rs.70,000/-, which he will hand over to the respondent on 05.10.2026. It is submitted that, even as per the judgment of this Court, if any such payments are not made, the Court can at best stay the proceedings. But it cannot dismiss the M.C itself for non-prosecution. It is submitted that the order impugned needs to be set aside. 4. The notice to the respondents is held sufficient. 5. Having heard the counsel for the petitioner and perused the material on record. If there is any violation of the orders passed by this Court, the trial Court has jurisdiction to pass orders under Section 151 of the CPC. However, the Court cannot dismiss the M.C. itself for non-prosecution. Considering the fact that the outstanding amount, as stated before the Court, is Rs.4,00,000/- and that the husband has taken a demand draft for Rs.70,000/- and will hand over it by 05.10.2026, this Court deems it appropriate to set aside the - 4 - HC-KAR CNR: KAHC010791122025 NC: 2026:KHC:54558 WP No. 37027 of 2025 order impugned. Accordingly, this Court is passing the following: ORDER i. The order dated 03.11.2025 passed in M.C.No.1657/2020 by the I Additional Principal Judge, Family Court, Bengaluru is set aside and the M.C petition, is restored to file. ii. However, it is made clear that after the matter is restored, if it is brought to the notice of the Family Court that any other amount is still liable to be paid by the husband, the Family Court shall fix the time and direct the husband to pay the amount. iii. Accordingly, the writ petition is allowed. iv. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 44