IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.107285 OF 2024 (GM-FC)

BETWEEN:

SMT. TANUSHREE W/O. NATARAJ HADAPAD, AGE. 32 YEARS, OCC. HOUSEHOLD WORK, R/O. MALAGI BUILDING, WATER TANK, B.K. KANGRALLI, BELAGAVI N/AT. PYATISAL ONI, SAI NAGAR ROAD, UNAKAL, HUBBALLI, DIST. DHARWAD.

…PETITIONER (BY SRI. S.B. DODDAGOUDAR, ADVOCATE AND SRI. S.G. NANDOOR, ADVOCATE)

AND:

SHRI. NATARAJ S/O. SHIVAMURTEPPA HADAPAD, AGE. 43 YEARS, OCC. COOLIE, R/O. T DASARAHALLI, 5^TH CROSS, Digitally signed by CHOLLASANDARAO, BENGALURU-560057.

YASHAVANT NARAYANKAR …RESPONDENTS Location: HIGH COURT OF KARNATAKA (BY SRI. VENKATESH M.KHARVI, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF CONSTITUTION OF INDIA, PRAYING TO A) TO ISSUE WRIT OF CERTIORARI QUASHING THE ORDER DATED: 13/11/2024 IN IA NO.VIII PASSED BY THE PRINCIPAL JUDGE FAMILY COURT HUBBALLI IN MC NO.102/2023 (ANNEXURE-A. B) TO ALLOW I.A. NO.VIII UNDER SECTION 151 CPC IN MC NO.102/2023 BY THE PRL. JUDGE FAMILY COURT HUBBALLI MARKED AT (ANNEXURE-E). C) THE HON’BLE COURT MAY ALSO BE PLEASED TO PASS ANY OTHER WRIT, ORDER, DIRECTION ETC IN THE ABOVE CASE TO SERVE THE ENDS OF JUSTICE.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order on I.A.No.8 passed in M.C.No.102/2023 dated 13.11.2024 by the Principal Judge, Family Court, Hubballi (for short ‘the Trial Court’), the wife is before this Court.

2. The petitioner herein is the wife and the respondent is the husband before the Trial Court. For the sake of convenience, the parties are referred to as husband and wife.

3. The husband has filed M.C.No.102/2023 seeking divorce and the wife has filed Crl.Misc.No.95/2020 before the same Court under Section 125 of Cr.P.C., seeking maintenance. In the said petition, the Trial Court has granted maintenance to the wife. In M.C.No.102/2023, the wife filed I.A.No.8 under Section 151 of CPC to stay all further proceedings as the husband has failed to pay the maintenance awarded in the maintenance petition. The Family Court, by order impugned has dismissed the I.A.No.8 filed by the wife. The Family Court has observed that the criminal proceedings are different and she has already initiated appropriate proceedings to recover the amount and observed that on the basis of the pending proceedings, the present case cannot be stayed. Accordingly, the Family Court had dismissed the I.A.No.8 filed by the wife.

4. The learned counsel appearing for the wife submits that the husband, who has filed M.C.No.102/2023, is appearing and contesting the proceedings but in recovery proceedings, neither he is appearing before the Court nor paying the amount of maintenance. He has no respect to the orders of the Court. Learned counsel has relied on an order passed by this court in W.P.No.103725/2021 dated 04.11.2024 wherein this Court has passed an order and observed that the Court has to consider the conduct of the parties and cannot permit the litigator to abuse the process of law and has observed that when there is an order against the husband and it has attained finality and he is not paying the maintenance and wants to proceed in another matter, the Court should have exercised its discretionary power and should have stayed the proceedings in M.C.No.218/2019, which is in the process of doing substantial justice and the Trial Court has tried to exercise the same and accordingly, the Court has stayed the proceedings.

5. Relying on the above order, the learned counsel submits that the Trial Court ought to have stayed the proceedings in the M.C.No.102/2023 till the maintenance amount is paid by the husband.

6. The learned counsel appearing for the husband submits that recently they have paid an amount of Rs.20,000/- and will make all efforts to pay the outstanding amount. It is further s