Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:6357 WP No. 3296 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 3296 OF 2026 (GM-FC) BETWEEN:
SRI.S. NARENDRA BABU, S/O. LATE SRI. L SRIPAD RAO, AGED ABOUT 40 YEARS, R/AT NO. 301, BRUNDAVANA APARTMENT, SEETHA GARDEN, SAMETHANAHALLI, BENGALURU-560 067. …PETITIONER (BY SRI. SHIVARAMU H.C.,ADVOCATE) AND:
SMT H. S. NANDINI, D/O SRI. H SREENIVASA MURTHY, AGED ABOUT 40 YEARS, R/AT NO.16 HANUMAN CLASSIC, 2ND A MAIN ROAD, CLASSIC PARADISE LAYOUT, OPP. P K KALYANAMANTAPA, Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:6357 WP No. 3296 of 2026 BEGUR MAIN ROAD, BENGALURU-560068. …RESPONDENT (V/C/O DATED 04.02.2026, NOTICE TO RESPONDENT IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT ORDER TO THE
ORDER DATED 10/09/2025 PASSED IN M.C.NO.5652/2018 C/W M.C. NO.2172/2019 BY THE LEARNED I ADDL. PRL. JUDGE, FAMILY COURT, BANGALORE AT ANNEXURE-A ON I.A. NO. VIII.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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HC-KAR NC: 2026:KHC:6357 WP No. 3296 of 2026 ORAL ORDER Heard Sri.Shivaramu.H.C learned counsel for the petitioner.
2. In the light of the limited relief sought for, this Court is of the view that serving notice to respondent is not necessary. Therefore, notice to respondent is dispensed with.
3. This writ petition is filed seeking the Court to interfere with the order passed by the Court of I Additional Principal Judge, Family Court, Bengaluru on I.A.No.VIII in M.C.No.5652/2018 clubbed with M.C.No.2172/2019 dated 10.09.2025 and also to direct the Family Court to dispose of the matter time bound.
4.
Learned counsel for the petitioner submits that petitioner is the husband of respondent. Petitioner could not pool up the amount to clear arrears payable to respondent towards maintenance. The Court through the impugned order directed petitioner to clear the due by
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HC-KAR NC: 2026:KHC:6357 WP No. 3296 of 2026 January 2026 and held that default on part of petitioner to pay the arrears will result in taking steps to stuck off the defence taken by him.
5.
Learned counsel submits that substantial amount was paid and only small amount of around Rs.1,00,000/- is due. Learned counsel thereby seeks to pass necessary orders.
6. The impugned order reads as under:
"I.A.No.VIII filed by the respondent/wife under Section 151 of Code of Civil Procedure is hereby partly allowed. The contention of the respondent that the petitioner/husband has violated the
order on I.A.No.IV is hereby rejected. The petitioner/husband is directed to clear the arrears of maintenance in five monthly installments i.e., directed to clear the installments by January 2026 and be regular in making the payment of the interim maintenance till the disposal of the petition.
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HC-KAR NC: 2026:KHC:6357 WP No. 3296 of 2026 If the petitioner/husband defaults in making payment of arrears, then steps can be taken to stuck off the defence taken by him. Both the petitions being more than six years old, both the parties are directed to co-operate with the court for speedy disposal of the petition. For payment of interim maintenance by the petitioner/husband and for of cross-examination of P.W.1, finally and last chance call on 13/10"
7. The Court wisely through the impugned order
directed petitioner herein to clear all arrears of maintenance in 5 monthly installments. Petitioner who failed to pay as ordered, is before this Court. However, considering the submission that is made by learned counsel for the petitioner that petitioner has got no source of earnings to the large extent as claimed by respondent and he could not mobilize the amount immediately and that he paid substantial amount already, this Court considers desirable to modify the order extending the time to clear the arrears till 31.03.2026. Thus, the writ petition is disposed of with the following:
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HC-KAR NC: 2026:KHC:6357 WP No. 3296 of 2026
ORDER
(i) The order that is rendered by the Court of I Additional Principal Judge, Family Court, Bengaluru on I.A.No.VIII in M.C.No.5652/2018 clubbed with M.C.No.2172/2019 dated 10.09.2025 is modified thereby directing petitioner herein to clear all arrears by
31.03.2026.
(ii) Other conditions imposed requires no interference.
(iii) The writ petition is accordingly disposed of.
(iv) Family Court, Bengaluru to serve copy of this
order to the respondent/wife or her counsel for information.
(v) Registry to forward copy of this order to Family Court, Bengaluru forthwith. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 13