Dismissed

Mohammed Rafiq S/O Fakirsab Nadaf v. Yasmin Banu W/O Mohammed Rafiq Nadaf

Karnataka HC15 Feb 2024WP/100412/2024

Case brief

AI extract

What is this about?

Wife initiated distress warrant proceedings for recovery of unpaid maintenance. Husband sought quashing of the Crl. Misc. proceedings before the High Court. The Court noted a related writ petition had been dismissed and the maintenance order confirmed, so distress proceedings were justified, and dismissed the petition.

What the court decided

AI extract

Mohammed Rafiq S/O Fakirsab Nadaf Vs Yasmin Banu… — Maintenance and Alimony | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:3632 WP No. 100412 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100412 OF 2024 (GM-FC)

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BETWEEN:

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MOHAMMED RAFIQ S/O FAKIRSAB NADAF AGE 57 YEARS OCC: FDC O/O EXE-ENGINEER, M I & DWD DIN, SHAHPUR DAAK BUNGLOW, SHAHPUR BELAGAVI 590001

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…PETITIONER

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(BY SRI. A D NADAF & SRI. K.R. AKKI.,ADVOCATES)

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AND:

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YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR

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YASMIN BANU W/O MOHAMMED RAFIQ NADAF AGE 34 YRS OCC HOUSEHOLD C/O MOULASAB IMAMSAB NADAF BAMMAPUR, KUMBAR ONI HUBBALI 580020

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…RESPONDENT (BY SRI. M.L. LADKHAN FOR SRI. D.L. LADKHAN.,ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN CRL. MISC. NO. 258/2023 PENDING ON THE FILE OF HON BLE 1^ST ADDL. CIVIL JUDGE AND JMFC, HUBBALLI, IN THE INTEREST OF JUSTICE, WHICH IS MARKED AS ANNEXURE-A AND ETC.

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2 - NC: 2024:KHC-D:3632 WP No. 100412 of 2024

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for the following reliefs:

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a. Issue a Writ in the nature of certiorari or any other appropriate writ to quash the entire proceedings initiated against the petitioner in Crl. Misc No.258/2023 pending on the file of the Hon’ble 1^st Addl. Civil Judge & JMFC, Hubballi, in the interest of justice which is marked as Annexure-A.

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b. Issue directions/frame guidelines to the subordinate courts to adjudicate such matter carefully before issuing the process/taking the cognizance.

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c. Grant such other relief as this Hon’ble High Court deems fit under the circumstances of present case in the interest Of Justice, Equity and Good Conscience.

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The petitioner is aggrieved by the initiation of Crl.Misc.No.258/2023 by the wife seeking for issuance of distress warrant for recovery for maintenance which has been pending.

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Vide a detailed order passed today in WP No.100434/2024 the said petition having been dismissed the order of the trial Court directing

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3 - NC: 2024:KHC-D:3632 WP No. 100412 of 2024

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payment of the maintenance having been confirmed. It would but be required for the petitioner to make payments of such amounts, which admittedly have not been paid. If the payments are not made the wife was well within her rights to initiate distress proceedings against the petitioner.

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No ground being made out, the petition stands dismissed.

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Sd/JUDGE

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SR List No.: 1 Sl No.: 31

Mohammed Rafiq S/O Fakirsab Nadaf v. Yasmin Banu W/O Mohammed Rafiq Nadaf

Case brief

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What the court decided

Mohammed Rafiq S/O Fakirsab Nadaf v. Yasmin Banu W/O Mohammed Rafiq Nadaf

Case brief

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