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2025 Supreme(Online)(Kar) 18038
KARNATAKA HIGH COURT
LALITHA KANNEGANTI, J
SRI GANESH G – Appellant
Versus
SMT SHRUTHI K – Respondent
WRIT PETITION NO. 2649 OF 2025
For the Appellants/Petitioners: SRI. DESAI RAJENDRA CHANDRASHEKAR
For the Respondents:
The trial court has inherent power under Section 151 of CPC to stay proceedings until compliance with maintenance orders is fulfilled.
Headnote:(A) Code of Civil Procedure, 1908 - Section 151 - Writ petition - The petitioner seeks to quash an order staying proceedings of a restitution of conjugal rights case due to non-compliance of a maintenance order - The court upheld the trial court's inherent powers under Section 151 to stay proceedings when the order is not complied with. (Paras 4, 5)
(B) Maintenance - Interim Maintenance - The court emphasizes the importance of compliance with maintenance orders as a prerequisite for the continuation of proceedings. (Paras 4, 6)
Facts of the case:
The petitioner filed for restitution of conjugal rights, while the wife sought maintenance, leading to the trial court's order allowing maintenance and subsequently staying the conjugal rights case for non-compliance of the maintenance order.
Findings of Court:
The court did not find any error in the trial court’s order to stay proceedings for non-compliance with maintenance.
Issues: The main issue addressed was whether the trial court's decision to stay further proceedings due to non-compliance with the maintenance order was valid under Section 151.
Ratio Decidendi: The court ruled that the trial court had the rightful authority under Section 151 to stay procedures until compliance of maintenance, highlighting the obligation of parties to adhere to court orders.
Result: Writ petition is dismissed.
| Table of Content |
|---|
| 1. failure to comply with maintenance order necessitates stay of proceedings. (Para 3) |
| 2. court upholds inherent powers to ensure compliance with orders. (Para 4 , 6) |
| 3. emphasis on legal obligation to adhere to court directives. (Para 5) |
ORAL ORDER
Aggrieved by the order passed in I.A.No.III in M.C.No.48/2022 dated 24.08.2024 by the Senior Civil Judge &
JMFC, H.D.Kote, the petitioner/husband is before this Court.
2. The parties are referred to as husband and wife for the sake of convenience.
3. The husband had filed M.C.No.48/2022 seeking restitution of conjugal rights. In that, the wife had filed an application seeking maintenance and the Court had allowed the application and granted maintenance. When the husband had failed to pay the maintenance, the wife had filed I.A.No.III under Section 151 of CPC to keep M.C.No.48/2022 in abeyance, till the order of the maintenance granted by the Court dated 09.03.2023 is complied with. The husband had opposed the said application.
4. The trial Court considering various judgments of this Court and the Hon'ble Apex Court had held that the Court got inherent power under Section 151 of CPC to stay the further proceedings for compliance of maintenance order passed by the Court and accordingly passed an order whereby the further proceedings of the petition is stayed until payment of entire interim maintenance amount due by the petitioner.
5. Learned counsel appearing for the petitioner submits that the wife had failed to file the statement of assets and liabilities. Without there being statement of assets and liabilities, the Court had granted maintenance. It is submitted that if the notice is ordered, as the mediation is scheduled next week, the parties can mediate the matter.
6. This M.C. is of the year 2022. The order impugned is dated 24.08.2024 and the writ petition is coming up for the preliminary hearing now. The Court in a routine manner will not issue notice to the respondent unless and until Court finds any error in the impugned order. This Court also in several cases had passed orders directing the trial Court to strike off the defense or stay the further proceedings where the orders of the Court are not complied with. If a party who initiated the proceedings seeking an order from the Court fails to comply with the order of the Court, the Court cannot permit him to go ahead with the proceedings and the trial Court has the powers under Section 151 of CPC to address the situation and the trial Court had rightly passed an order and this Court do not find any reason to interfere with the well considered order passed by the trial Court. Hence, this Court is passing the following order:
ORDER
i. Accordingly, the writ petition is dismissed ii. All I.As. in this writ petition shall stand closed.
