- 1 - HC-KAR NC: 2026:KHC-D:274 CRL.A No. 100605 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL NO. 100605 OF 2024 (341(CR.PC)/380(BNSS)) BETWEEN: SHRI IMRAN S/O RIYAZAHMED BUTLER AGE 39 YEARS, OCC. BUSINESS R/O. H.NO. 88, KRISHNAMMA GARDEN, 3RD CROSS, J C NAGAR, BANGALURU, PIN NO 590019. …APPELLANT (BY SRI. SHRINIVAS K. NADAMANI, ADVOCATE) AND: SMT. SAMEENA W/O IMRAN BUTLER AGE 39 YEARS, OCC. HOUSEHOLD, R/O. C/O. IBRAHIM BAGWAN PLOT NO. 320, HANUMAN NAGAR, BELAGAVI PIN NO 590019. …RESPONDENT (BY SRI. S.G. KULKARNI, ADVOCATE) THIS CRIMINAL APPEAL IS FILED U/S 341 OF CR.P.C., (380 OF BNSS), PRAYING TO PASS AN ORDER SETTING ASIDE THE IMPUGNED JUDGMENT AND ORDER PASSED BY THE JUDGE, I ADDL.PRL.JUDGE, FAMILY COURT, BELAGAVI, IN CRIMINAL MISC.NO.258/2019 ON 23RD DAY OF SEPTEMBER 2024 (ANNEXURE-A) AND THE TRIAL COURT BE DIRECTED TO HEAR THE APPLICATION OF THE APPELLANT MADE U/S 340 OF THE CR.P.C. 1973 PUNISHABLE FOR THE OFFENCES U/S 181 AND Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:274 CRL.A No. 100605 of 2024 193 OF IPC (ANNEXURE-V) INDEPENDENTLY ON ITS MERITS AND FOR COSTS OF THIS APPEAL AND ETC.,. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 1. Heard Sri. Srinivas K. Nadamani, learned counsel for the appellant and Sri. S. G. Kulkarni, learned counsel for the respondent. 2. The appellant is the husband challenging the order dated 23.09.2024 passed in Criminal Miscellaneous No.258/2019 by the learned Judge, Family Court, Belagavi. 3. Facts in nutshell which are utmost necessary for disposal of the present appeal are as under: 4. A petition under Section 125 of Code of Criminal Procedure, 19731 came to be filed by the respondent herein seeking for grant of maintenance. Assets and liability statements were filed after the parties completed the pleadings. There were some discrepancies in the assets and 1 For short, ‘Cr.P.C.’ - 3 - HC-KAR NC: 2026:KHC-D:274 CRL.A No. 100605 of 2024 liability statement filed by the wife. Therefore, the appellant filed an application seeking clarification with regard to the same. Learned Judge in the Family Court without considering the said application on merits, passed the final order. 5. When an application is filed after the discrepancy has been noted by the husband, learned Judge in the Family Court has dismissed the said application stating that since the main order has been passed and the application filed seeking earlier to sort out the discrepancy cannot be considered and dismissed the said application. 6. Being aggrieved by the same, the husband is before this Court. 7. Learned counsel for the appellant reiterating the grounds urged in the petition vehemently contented that approach of the Family Court in not disposing of the interlocutory application and disposing of the main matter has resulted in miscarriage of justice and sought for allowing the appeal. - 4 - HC-KAR NC: 2026:KHC-D:274 CRL.A No. 100605 of 2024 8. Per contra, learned counsel for the respondent- wife supports the impound order. 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. 10. On such perusal of the material on record, it is crystal clear that the learned Judge in the Family Court was bound to consider the application filed by the husband seeking sorting out of the discrepancies in the assets and liability statement filed by the wife before passing the final order. 11. The view of this Court is supported by the judgment of the Division Bench of this Court in the case of Veera Vahana Udyog Private Limited Vs. The Karnataka State Road Transport Corporation2. Therefore, the impugned order needs to be set aside. 12. Accordingly, the following: ORDER (i) The appeal is allowed. 2 ILR 2010 KAR 507 - 5 - HC-KAR NC: 2026:KHC-D:274 CRL.A No. 100605 of 2024 (ii) The impugned order is set aside and the matter is remitted to the learned Judge of the Family Court, Belagavi. (iii) Learned Judge shall consider the application filed by the husband and, thereafter, after hearing the parties afresh, pass appropriate orders in accordance with law. (iv) Parties shall appear before the Family Court on 28.01.2026 without further notice. (v) Thereafter, learned Judge shall conclude the proceedings on or before 28.02.2026. Sd/- (V.SRISHANANDA) JUDGE SMM / Ct-cmu LIST NO.: 2 SL NO.: 44