THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS BY SETTING ASIDE THE ORDER DATED 22.06.2024 PASSED BY THE HONBLE IIIRD ADDITIONAL FAMILY COURT AT BANGALORE, IN EX.PET NO.38/2024, AND WHICH ORDER IS PRODUCED AS ANNEXURE-F, BY ALLOWING THIS WRIT PETITION IN ENTIRETY.

IN WP NO.5746/2026

BETWEEN:

SMT. R. SUJATHA @ SARASWATHI D/O SRI.RAMACHANDRAN,

AGE 50 YEARS, RESIDING AT FLAT NO.G01, SUNSHINE COLONY, 14TH MAIN,

MANAR MERLYN APARTMENT, 12TH 'A' CROSS, BTM 2ND STAGE, BANGALORE-560 076.,

...PETITIONER (BY SRI. R.A DEVANAND.,ADVOCATE)

AND:

SRI. MAHESH D. YATNALLI S/O SRI. DEVENDRAPPA, AGED 53 YEARS,

RESIDING AT NO.202, SHIVA RESIDENCY, 24TH MAIN END,

VINAYAKA NAGAR ROAD, J.P. NAGAR 5TH PHASE, PUTTENAHALLI,

BANGALORE-560 078., ...RESPONDENT

(BY SRI. GNANESH N.I, ADVOCATE FOR MISS.VIJETHA R. NAIK.,ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER ON IA NO.6 DTD. 03.12.2025 PASSED BY THE IIIRD ADDITIONAL PRINCIPAL JUDGE FAMILY COURT AT BANGALORE IN EXECUTION PETITION NO. 38/2024 AND WHICH ORDER IS PRODUCED AS ANNX-H1 BY ALLOWING THIS WRIT PETITION IN ENTIRETY.

THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 16.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER

The W.P.No.26277/2025 is filed by the petitioner– mother, who is the judgment debtor in Execution Petition No.38/2024, has approached this Court being aggrieved by the order dated 22.06.2024 passed by the III Additional Principal Judge, Family Court, Bengaluru (‘the Family Court’ for short).

The writ petition in W.P.No.5746/2026 is also filed by the very same petitioner–mother, challenging the subsequent order dated 03.12.2025 passed in the same execution proceedings. By the said order, the Executing Court directed attachment of her salary to the extent of Rs.12,24,000/- by withholding one-third of her salary through her employer.

The brief facts leading to the filing of these petitions are that:-

2. The petitioner and respondent were wife and husband and their marital relationship came to an end by virtue of a decree of divorce dated 25.01.2022 passed in M.C.No.418/2014. Out of this wedlock, a male child namely Master Kautik was born. Even after dissolution of marriage, disputes relating to maintenance, custody and visitation rights continued between the parties.

3. In proceedings under Crl.Misc.No.252/2014, the Family Court granted maintenance under various heads from January 2017 to December 2023 and thereafter fixed monthly maintenance of Rs.15,000/- from January 2024 till completion of the child’s Bachelor’s degree, along with Rs.5,000/- towards litigation expenses. Aggrieved by the same, the respondent preferred R.P.F.C.No.104/2022 before this Court.

4. During the pendency of the said revision petition, both parties entered into a compromise on 30.06.2022. Under the compromise, custody of the child was retained with the mother, while the father was granted weekend visitation rights from Saturday 11.00 a.m. to Sunday 6.00 p.m., and further entitled to 75% custody during summer, Dasara and Christmas vacations. The respondent also undertook to pay Rs.10,000/- per month as maintenance and 50% of educational expenses.

5. The compromise petition further discloses that both parties agreed to abide by the terms and were given liberty to enforce the same in accordance with law. The compromise thus has the force of a decree under Order XXIII Rule 3 of the CPC and governs the rights of the parties.

6. It is the case of the petitioner/mother that the respondent initially complied with the compromise terms, but subsequently initiated proceedings including W.P.H.C.No.34/2023, which came to be disposed of on 23.05.2023 by the Division bench of this Court, directing handing over of the remaining 12 days (23.05.2023 to 04.06.2023)’ custody out of 51 days to the respondent herein/father, taking into consideration th