- 1 - HC-KAR NC: 2026:KHC:1283 WP No. 36970 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.36970 OF 2025 (GM-FC) BETWEEN: SRI. SHIVA KUMAR C. V., S/O VEERABHADRAPPA, AGED ABOUT 46 YEARS, SECURITY GUARD CUM PEON, SBI MAIN BRANCH, DODDABALLAPURA, BANGALORE RURAL DISTRICT. AND ALSO R/AT: NO.3, T.B. ROAD, MAGADI TOWN, MAGADI- 562120. …PETITIONER (BY SRI. MURALI BABU M.,ADVOCATE) AND: 1. SMT. SHANTHA T. N. @ NETHRAVATHI HANJI W/O SHIVAKUMAR C.V., AGED ABOUT 45 YEARS, 2. KUM. INCHARA C.S. D/O SHIVAKUMAR C.V., AGED ABOUT 20 YEARS, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1283 WP No. 36970 of 2025 BOTH THE RESPONDENTS NO.1 AND 2 ARE R/AT NO.311, 1ST FLOOR, NEAR VASAN EYE CARE, NAGARABHAVI 2ND STAGE, OUTER RING ROAD, BENGALURU- 560 072. …RESPONDENTS (V/C/O DATED 09.01.2026, NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 06/08/2025 PASSED BY THE COURT OF II ADDL. PRINCIPAL JUDGE, FAMILY COURT, BANGALORE IN CRL.MISC. NO.450/2020 ANNXEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Murali Babu.M, learned counsel for the petitioner. - 3 - HC-KAR NC: 2026:KHC:1283 WP No. 36970 of 2025 2. In the light of the limited relief sought for issuance of notice to the respondents is dispensed with. 3. This writ petition is filed seeking a writ in the nature of certiorari and to quash the order that is rendered by the Court of II Additional Principal Judge, Family Court, Bengaluru in Crl.Misc.No.450/2020 dated 06.08.2025. 4. Having observed the fact that the petitioner herein is due to pay huge sum towards arrears of maintenance to the respondents the Court ultimately issued FLW through the impugned order. 5. Learned counsel for the petitioner submits that the petitioner is working as security guard in State Bank of India and he is getting very meagre income. The petitioner was regular in payment of maintenance as ordered by the Court for considerable period. But due to his health ailment he could not deposit the amount for sometime. The petitioner is due to pay a sum of Rs.1,75,000/- as of now. The trial Court without any justifiable reason issued - 4 - HC-KAR NC: 2026:KHC:1283 WP No. 36970 of 2025 FLW against the petitioner and in case the petitioner is arrested, he will not be in a position to pay any maintenance to the respondents. Learned counsel thereby seeks to quash the order through which FLW was issued. 6. A perusal of record reveals that the salary of the petitioner was attached and thereafter out of the amount that is being deposited by the petitioner, the respondents were receiving maintenance. However, undisputedly the petitioner fell due to pay considerable amount to the respondents towards maintenance. But considering the ground urged, this Court is of the view that a fair opportunity is required to be granted to the petitioner to clear arrears which fell due. Therefore, the writ petition is disposed of with the following: ORDER (i) The impugned order through which FLW was issued against the petitioner is ordered to be kept in abeyance for a period of 6 months. - 5 - HC-KAR NC: 2026:KHC:1283 WP No. 36970 of 2025 (ii) Commencing from 01.02.2026 the petitioner shall deposit a sum of Rs.40,000/- before the trial Court each month. (iii) A sum of Rs.40,000/- should be deposited by 10th of each month for a period of 4 months. In 5th and 6th months, the balance of the amount as decided by the Court should be paid in entirety. (iv) In case there is lapse on the part of the petitioner in doing so, the impugned order shall come into force and the trial Court can take coercive steps through FLW issued through the impugned order. Writ petition is accordingly disposed of. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM, List No.: 1 Sl No.: 21