- 1 - HC-KAR NC: 2026:KHC:553 WP No. 3769 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.3769 OF 2023 (GM-FC) BETWEEN: 1. PEHAL ROY, D/O DEEPANSHU ROY AND RAKHI RAY, AGED ABOUT 8 YEARS, R/AT A-04, 11TH CROSS STREET, RAINBOW RESIDENCY, KASAVANAHALLI, BENGALURU - 560035. SINCE MINOR REPRESENTED BY HER NATURAL GUARDIAN AND HER MOTHER RAKHI RAY. 2. RAKHI RAY, D/O S H BIRENDRA RAY AGED ABOUT 39 YEARS R/AT A-04, 11TH CROSS STREET RAINBOW RESIDENCY, KASAVANAHALLI, BENGALURU - 560035. …PETITIONERS (BY SRI. UDAYA PRAKASH M., ADVOCATE) AND: S. H. DEEPANSHU ROY, S/O S H SADASHIVA ROY, AGED ABOUT 41 YEARS, R/AT VILLAGE SARENJA, VIA CHAUSA, BUXAR - 802114. BIHAR. …RESPONDENT (BY SRI. KARN KUMAR, ADVOCATE FOR SRI.KRISHNA B J.,ADVOCATE (VC)) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:553 WP No. 3769 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.10.2022, ANNEXURE-A SUBJECTING THE PETITIONERS TO BEAR THE COST OF TRAVELING ALLOWANCE WHILE ALLOWING IA.NO.VI AND VII IN MISC. NO. 103/2019. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Uday Prakash M., learned counsel for the petitioners who appears before this Court physically. Also heard Sri.Karan Kumar, learned Senior Counsel who appears through video conference and represents Sri.Krishna B.J., learned counsel on record for respondent. 2. This writ petition is the outcome of the order that is passed by the Court of VI Additional Principal Judge, Family Court, Bangalore on IA Nos.VI and VII in Miscellaneous Application No.103/2019. 3. As per the details furnished by both the learned counsel, respondent filed Miscellaneous Application No.103/2019 seeking the Court to modify the order passed in MC No.1815/2016. Respondent examined himself as PW1. The writ petitioners failed to cross-examine PW1 and thereby cross- - 3 - HC-KAR NC: 2026:KHC:553 WP No. 3769 of 2023 examination of PW1 was treated as 'Nil'. Thereafter, the writ petitioners filed IA Nos.VI and VII to re-open the evidence and to recall PW1 for cross-examination. Through the impugned order, both the applications were allowed subject to payment of travelling allowance to the respondent i.e. PW1 on production of necessary proof regarding the expenditure incurred for attending the Court to face cross-examination. The matter was posted to 05.01.2023 for cross-examination of PW1. On 05.01.2023 as these writ petitioners failed to pay costs and travelling expenses cross-examination of PW1 was taken as 'Nil'. 4. Learned counsel for the writ petitioners submit that huge sum of Rs.1,30,80,000/- is outstanding to be payable by the respondent/husband. The petitioners are not in a position to maintain themselves and thereby they were unable to pay a sum of Rs.75,923/- which is the expenses that were incurred by PW1 as per his version to attend the Court. Learned counsel states that the petitioners filed a memo stating that the said amount may be deducted out of the outstanding amount that is liable to be paid by the respondent. But the Court did not - 4 - HC-KAR NC: 2026:KHC:553 WP No. 3769 of 2023 accede to the request. Learned counsel states that the writ petitioners have been put to hardship due to the financial burden imposed by the Court and therefore the present writ petition is filed. 5. Learned counsel who represents the respondent states that the petitioners were not diligent in pursuing the case and though several opportunities were granted to facilitate the petitioners to cross-examine PW1, they did not avail those opportunities. Learned counsel also submits that PW1 comes all the way from Delhi to Bangalore to attend the Court and he attended the Court several times to face cross-examination, but the petitioners were negligent. Learned counsel thereby seeks to dismiss the writ petition. 6. As per the version of the petitioners, the outstanding dues to be paid by the respondent towards maintenance is Rs.1,30,80,000/-. Though such figure was not accepted by learned counsel for respondent, learned counsel for the respondent however states that since two years the respondent has not paid maintenance regularly. Thus, considering the stand taken by the petitioners that they are - 5 - HC-KAR NC: 2026:KHC:553 WP No. 3769 of 2023 unable to pay Rs.75,923/- as ordered by the Court and as a memo was filed by the petitioners to deduct the said sum out of the outstanding amount and as learned counsel for the respondent fairly concedes that some amount is due to be paid to the petitioners, this Court is of the view that the amount that is to be paid by the petitioners can be ordered to be deducted out of the amount which the respondent is liable to pay to the petitioners towards maintenance. Therefore, the writ petition is disposed of with the following ORDER i) The writ petition is allowed-in-part. ii) An amount of Rs.75,923/- which is payable by the petitioners to the respondent is ordered to be deducted out of the amount which the respondent is liable to pay to the petitioners. iii) Respondent/PW1 shall appear before the Court on the date fixed to face cross-examination. iv) No further time be granted without sufficient cause. v) Parties to appear before the trial Court on 11.02.2026. vi) Issuance of further notice to the parties is dispensed with. - 6 - HC-KAR NC: 2026:KHC:553 WP No. 3769 of 2023 vii) Trial Court to fix date for the appearance of PW1 for cross-examination. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 74