This Court must exclaim, have things come to

this! The appellant is an estranged wife embroiled in

litigation with her husband, and her erstwhile counsels

[the

respondents]

have

commenced

the

suit

in

O.S.No.4881/2021 on the file of the LXIX Additional

City Civil and Sessions Judge, Bengaluru (for short,

8Civil Court9) against her for recovery of Rs.4,50,000/-

along with interest at the rate of 24% per annum from

5.8.2021 and for further claims as mentioned in the

plaint.

- 3 -

2.

The

respondents

have

filed

multiple

applications, including an application under Order

XXXVIII Rule 5 of the Code of Civil Procedure 1908 (for

short, 8the CPC9) for attachment of the interim

maintenance to be paid to her in matrimonial

proceedings in MC No.163/2015. This application for

attachment before judgment is rejected, and the

respondents have apparently filed a writ petition calling

in question such order. Notwithstanding the same, they

have

persisted

with

the

present

application

for

temporary

injunction

against

the

appellant

from

withdrawing, without leave of the Civil Court, any

amount directed to be paid to her, either as interim

maintenance or permanent alimony or any amount

settled in MC No.163/2015 pending on the file of the III

Additional Principal Judge, Family Court, Bengaluru).

3.

The

respondents

have

also

filed

an

application in MC No.163/2015, an inter se proceedings

- 4 -

between the estranged couple, to implead themselves.

This

Court

must

caution

the

respondents.

The

respondents should ask themselves: have they crossed

the line here and are they being vindictive when they

are expected to conduct cases with a strong sense of

detachment, and even if they are not vindictive, can

they afford to give the impression that they are?

4.

The Civil Court, by the impugned order

dated 23.12.2021, has restrained the appellant from

receiving, without its leave, any amount consequent to

the orders in MC No.163/2015 (pending on the file of

the III Additional Principal Judge, Family Court,

Bengaluru). The Civil Court has premised its order in

its observation that the respondents9 claim is for

professional fee for the services rendered to the

appellant, and merits of this claim will have to be

adjudicated after trial. The Civil Court has also opined

that the respondents could be put to difficulty if they

- 5 -

are unable to recover the amount if they succeed in the

suit. However, it is obvious that the civil Court has not

considered its earlier order rejecting the application for

attachment before judgment.

5.

Sri H.N.Manjunath Prasad, the learned

counsel for the appellant, while trying to impress upon

this Court [and, perhaps upon the respondents9

counsel] the role of a learned member of the bar in the

conduct of matrimonial proceedings, submits that the

appellant, an estranged wife, has been prosecuting

different proceedings against her husband, including

the proceedings in MC No.163/2015. The appellant is

granted interim maintenance at the rate of Rs.20,000/-

per annum in this case and she is entitled for arrears of

interim maintenance of around Rs.10,00,000/-. She

has not received any amount. The cheque issued by her

husband for a sum of Rs.3,00,000/- is also returned.

The purpose of granting interim maintenance to the wife

- 6 -

stands frustrated and the impugned order, which

creates further embargo on the appellant, aggravates

the appellant9s current condition.

6.

The learned counsel argues that these

circumstances have not been considered by the Civil

Court in allowing the application, and he canvases that,

because of the provisions of Section 60(1) (n) of CPC,

maintenance,

including

the

arrears

of

interim

maintenance, cannot be attached. However, the

canvass based on the aforesaid provisions are not

considered because the respondents9 case for temporary

injunction against the appellant from receiving interim

maintenance can be considered even otherwise, and the

merits of this argument must be tested in the writ

petition