IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF APRIL, 2026 R BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.29455 OF 2025 (GM-FC)

BETWEEN:

SRI SAILESH KUMAR AGED ABOUT 57 YEARS S/O. A. JANARDHANA ACHAR R/A: SHAGIL PRESISION INDIA UNIT-II, 100% EXPORT ORIENTED UNIT, DERLAKATTE, MANGALURU TALUK, MANGALURU - 575 001.

…PETITIONER (BY SRI.P.N.MANMOHAN, ADVOCATE FOR SRI. VINAY N.,ADVOCATE)

AND:

Digitally signed by MRS. NISHA S. KUMAR VIJAYALAKSHMI AGED ABOUT 47 YEARS B N W/O. SAILESH KUMAR Locatio n: HIGH COURT OF R/A: 302, DECCAN CHAMBERS, KARNATAKA 136, J.S.S ROAD MUMBAI - 400 004.

…RESPONDENT (BY SMT.NISHA S KUMAR, PARTY-IN-PERSON)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.09.2025 PASSED IN CRL. MISC NO. 68/2023 BY THE LEARNED PRL. JUDGE, FAMILY COURT DAKSHINA KANNADA, MANGALORE DIRECTING THE ISSUANCE OF AN ARREST WARRANT AND FLW AGAINST THE PETITIONER (PRODUCED AS ANNEXURE-N).

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 13.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

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

CAV ORDER

The present petition is filed seeking to issue writ of certiorari by quashing the impugned order dated 11.09.2025 passed in Crl.Misc.No.68/2023 on the file of the Principal Judge, Family Court, Dakshina Kannada, Mangalore (‘the Family Court’ for short) directing the issuance of an arrest warrant and FLW against the petitioner.

2. The petitioner herein/husband is the respondent before the Family Court and the respondent herein/wife is the petitioner before the Family Court.

3. For convince of reference, the parties herein are referred as arrayed before this Court.

4. The brief facts of the case are that:-

The marriage between the petitioner and the respondent was solemnized on 19.03.1998 and out of the said wedlock, a son, namely Yash Sailesh Kumar, was born on 12.10.2000. The respondent initiated proceedings in Crl.Misc.No.50/2014 before the learned Principal Judge, Family Court, D.K., Mangalore, under Section 125 of the Criminal Procedure Code, 1973 (‘the Cr.P.C.’ for short)., seeking maintenance of Rs.5,00,000/- per month. In the said proceedings, the Family Court directed the petitioner to pay interim maintenance of Rs.12,750/- to the respondent.

5. By order dated 30.05.2023, the Family Court partly allowed Crl.Misc.No.50/2014 and held that the respondent is entitled to maintenance at Rs.1,80,000/- per month from 01.01.2012 to 31.12.2016, Rs.2,30,000/- per month from 01.01.2017 to 31.12.2021, and Rs.2,80,000/- per month from 01.01.2022 onwards. The Court further directed payment of arrears in installments falling due on 01.08.2023, 01.12.2023, 01.04.2024 and 01.08.2024, with a stipulation that the interim maintenance already paid in the proceedings and in the divorce case shall be deducted. The respondent was also awarded litigation costs and interest at the rate of 7.5% per annum on the arrears of maintenance and costs.

6. Aggrieved by the order dated 30.05.2023, the petitioner filed RPFC No.163/2023 before this Court, which is pending consideration. By interim order dated 13.12.2023, this Court directed the petitioner to deposit a sum of Rs.12,96,00,000/- being 50% of the accrued maintenance, on or before 13.01.2024. Challenging the same, the petitioner preferred SLP (Crl.) No.447/2024 before the Apex Court. In the meanwhile, on 04.08.2023, the respondent initiated execution proceedings in Crl.Misc.No.68/2023 alleging non-payment of maintenance for June 2023 and July 2023 and the first instalment, seeking recovery of Rs.73,06,937.50/- as on 01.08.2023 and issuance of a non-bailable warrant.

7. On 12.01.2024, in SLP (Crl.) No.447/2024, the Apex Court stayed the operation of the order dated 13.12.2023 subject to the condition that the petitioner shall pay Rs.1,00,000/- per month towards maintenance commencing from January 2024, which the petitioner complied with until dism