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WP No. 18052 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

WRIT PETITION NO. 18052 OF 2025 (GM-FC)

BETWEEN:

SRI. CHIKKARANGASWAMY

S/O PUTTAMARAIAH,

AGED ABOUT 44 YEARS,

R/AT NO. 35, 3RD B CROSS,

2ND MAIN ROAD,

SRINIVASANAGAR,

SUNKADAKATTE, BENGALURU-560091.

…PETITIONER

(BY SRI. VINOD PRASAD, ADVOCATE)

AND:

SMT. NAGAMANI

Digitally signed W/O SRI. CHIKKARANGASWAMY,

by AASEEFA

AGED ABOUT 34 YEARS,

PARVEEN

R/AT NO. 57, BASAVESHWARA NILAYA,

Location: HIGH

HVR LAYOUT, 5TH MAIN ROAD,

COURT OF

KARNATAKA KAVIRIPURA, KAMAKSHIPALYA,

BENGALURU-560079

…RESPONDENT

(BY SRI. LOKESH S. G.,ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER

DATED 04.03.2025 PASSED ON IA NO.9 FILED IN

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CRL. MISC NO. 835/2018 PASSED BY THE VI ADDL. PRL.

JUDGE FAMILY COURT VIDE ANNEXURE -P TO THE WP.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

Heard Sri.Vinod Prasad, learned counsel for the

petitioner as well as Sri.Lokesh.S.G, learned counsel for

the respondent.

2. Seeking the Court to quash the order that is

rendered by the Court of VI Additional Principal Judge,

Family Court, Bengaluru on IA No.IX in Crl.Misc.No.

835/2018 dated 04.03.2025, this writ petition is filed.

3. The impugned order reads as under:

"PW.1 is present. The respondent is absent.

The petitioner side have filed the memo

seeking to strike off the defense. Only based on the

memo without IA such type of requisition cannot be

considered.

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The respondent side have filed IA No.9

u/Sec.125(4) of Cr.P.C seeking dismissal of the

petition.

The petition filed u/Sec.125 of Cr.P.C cannot be

dismiss without full pledged trial and the defense

such u/Sec.125(4) of Cr.P.C can be looked into only

on disposal of the petition on merit. Accordingly, IA

No.9 is hereby dismissed.

For further cross of PW.1 call on 01.04.2025."

4. Learned counsel for the petitioner submits that

petitioner is the husband of respondent. Due to disputes

that arose between them they started residing separately.

Both of them jointly filed a petition seeking the Court to

dissolve the marriage by mutual consent. However, said

case was subsequently withdrawn. Respondent/wife

remained in possession of a house which belongs to both

of them. However, without intimating the petitioner she

sold that house and received huge sale consideration. That

apart respondent is residing separately by deserting the

petitioner. Therefore, she is not entitled for any

maintenance. Hence, petitioner filed IA No.IX under

Section 125(4) Cr.P.C seeking to dismiss the petition filed

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by the respondent/wife claiming maintenance. But Family

Court dismissed the said petition and aggrieved by the

same this writ petition is filed. Learned counsel thereby

seeks to quash the impugned order.

5. Vehemently opposing the submission thus

made, learned counsel for respondent states that the

defence taken by the petitioner is unsustainable.

Respondent filed Crl.Misc.No.835/2018 seeking a direction

to the petitioner herein to pay her a sum of Rs.20,000/-

towards maintenance. She filed IA No.II seeking interim

maintenance and the said IA was allowed and a direction

was issued to petitioner/husband to pay Rs.5,000/-

towards interim maintenance. Petitioner filed a writ

petition i.e., WP No.18015/2024 seeking to quash the

order rendered on IA No.II. That writ petition was

dismissed. While the Family Court was recording evidence

and the trial proceedings were in progress, petitioner filed

IA No.IX seeking to dismiss the case i.e., Crl.

Misc.No.835/2018. Such a petition is unsustainable and

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therefore, Family Court rightly dismissed that inter