Dismissed

P Zabiulla S/O P Nabi Sab v. Namara Bhanu W/O Zabiulla D/O M Abdul Bari

Karnataka HC11 Jun 2024WP/100476/2024

Case brief

AI extract

What is this about?

High Court dismissed writ petitions challenging Family Court notices for recovery of maintenance arrears. Court held that parallel claims under different statutes are not fatal; petitioner must file objections for set-off rather than quashing proceedings.

What did the court decide?

Writ petitions dismissed; liberty reserved for petitioner to claim set-off if maintenance paid under Domestic Violence Act.

P Zabiulla S/O P Nabi Sab Vs Namara Bhanu W/O… — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC-D:7749 WP No. 100476 of 2024 C/W WP No. 100478 of 2024, WP No. 100480 of 2024, WP No. 100481 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.100476 OF 2024 (GM-FC)

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C/W

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WRIT PETITION NO.100478 OF 2024 (GM-FC) WRIT PETITION NO.100480 OF 2024 (GM-FC) WRIT PETITION NO.100481 OF 2024 (GM-FC)

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IN WP NO.100476 OF 2024

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BETWEEN:

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YASHAVANT NARAYANKAR Digitally signed byYASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH

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P. ZABIULLA S/O. P.NABI SAB AGE: 35 YEARS OCC: PVT. SERVICE R/O. WARD NO.31 KOLAGAL ROAD NEAR MASJID E-QUBA SATHYAVANI NAGAR, BALLARI PRESENTLY WORKING AT VIVA TOYATA PRIDE QUADRA NO.30, BALLARI ROAD NEAR BANGALORE BAPTIST HOSPITAL VINAYAKA NAGAR, HEBBAL, BENGALURU KARNATAKA-560 024

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…PETITIONER

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(BY SRI.S.S.BETURMATH, ADVOCATE)

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AND:

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NAMRA BHANU W/O ZABIULLA D/O M.ABDUL BARI AGE: 23 YEARS OCC: HOUSEHOLD R/O NALLACHERUVU

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2 - NC: 2024:KHC-D:7749 WP No. 100476 of 2024 C/W WP No. 100478 of 2024, WP No. 100480 of 2024, WP No. 100481 of 2024

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OPPOSITE JAGRUTHI NAGAR BALLARI-583 101

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…RESPONDENT

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(BY SRI.SANTOSH B. MANE, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE PROCEEDINGS IN CRL.MISC.NO.245/2023 ON THE FILE OF PRL.JUDGE FAMILY COURT, BALLARI VIDE ANNEXURE-E.

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IN WP NO.100478 OF 2024

BETWEEN:

…PETITIONER

(BY SRI. S.S. BETURMATH, ADVOCATE)

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AND:

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NAMARA BHANU W/O ZABIULLA D/O. M. ABDUL BARI AGE: 23 YEARS OCC: HOUSEHOLD

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NC: 2024:KHC-D:7749 WP No. 100476 of 2024 C/W WP No. 100478 of 2024, WP No. 100480 of 2024, WP No. 100481 of 2024

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R/O. NALLACHERUVU OPPOSITE JAGRUTHI NAGAR BALLARI-583 101.

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…RESPONDENT

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(BY SRI.SANTOSH B. MANE, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE PROCEEDINGS IN CRL.MISC.NO.246/2023 ON THE FILE OF PRL.JUDGE FAMILY COURT, BALLARI VIDE ANNEXURE-E.

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IN WP NO.100480 OF 2024

BETWEEN:

…PETITIONER

(BY SRI. S.S. BETURMATH, ADVOCATE)

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AND:

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NAMARA BHANU W/O. ZABIULLA D/O M.ABDUL BARI AGE: 23 YEARS OCC: HOUSEHOLD

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4 - NC: 2024:KHC-D:7749 WP No. 100476 of 2024 C/W WP No. 100478 of 2024, WP No. 100480 of 2024, WP No. 100481 of 2024

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R/O NALLACHERUVU OPPOSITE JAGRUTHI NAGAR BALLARI-583 101.

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…RESPONDENT

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(BY SRI. SANTOSH B.MANE, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE PROCEEDINGS IN CRL.MISC.NO.247/2023 ON THE FILE OF PRL.JUDGE FAMILY COURT, BALLARI VIDE ANNEXURE-E.

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IN WP NO.100481 OF 2024

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BETWEEN:

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P. ZABIULLA S/O. P.NABI SAB AGE: 35 YEARS OCC: PVT. SERVICE R/O WARD NO.31 KOLAGAL ROAD NEAR MASJID E-QUBA SATHYAVANI NAGAR, BALLARI PRESENTLY WORKING AT VIVA TOYATA PRIDE QUADRA NO.30, BALLARI ROAD NEAR BANGALORE BAPTIST HOSPITAL VINAYAKA NAGAR, HEBBAL, BENGALURU KARNATAKA-560 024

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…PETITIONER

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(BY SRI.S.S.BETURMATH, ADVOCATE)

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AND:

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NAMRA BHANU W/O ZABIULLA D/O. M. ABDUL BARI AGE: 23 YEARS OCC: HOUSEHOLD

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NC: 2024:KHC-D:7749 WP No. 100476 of 2024 C/W WP No. 100478 of 2024, WP No. 100480 of 2024, WP No. 100481 of 2024

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R/O. NALLACHERUVU OPPOSITE JAGRUTHI NAGAR BALLARI-583 101.

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…RESPONDENT

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(BY SRI.SANTOSH B. MANE, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE PROCEEDINGS IN CRL.MISC.NO.249/2023 ON THE FILE OF PRL.JUDGE FAMILY COURT, BALLARI VIDE ANNEXURE-E.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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These four writ petitions are filed questioning the notices issued by the Family Court on the petitions filed by the respondent - wife under Section 125(3) of Cr.P.C seeking recovery of arrears of maintenance.

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Heard learned counsel appearing for the petitioner

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and learned counsel appearing for the respondent. Perused the records.

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The respondent – wife filed a maintenance petition under Section 125 of Cr.P.C against the present

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6 - NC: 2024:KHC-D:7749 WP No. 100476 of 2024 C/W WP No. 100478 of 2024, WP No. 100480 of 2024, WP No. 100481 of 2024

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petitioner – husband. The said petition was allowed by the Family Court vide order dated 07.09.2016 directing the present petitioner herein to pay maintenance at the rate of Rs.10,000/- per month from the date of petition till respondent – wife joins the company of petitioner – husband or till completion of six months fixed in O.S.No.3/2016.

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The short point that needs consideration at the hands of this Court as to whether petitioner – husband can assail the notices issued by the Family Court for recovery of arrears of maintenance.

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The learned counsel appearing for the petitioner – husband is questioning maintainability of recovery proceedings on the ground that respondent – wife has also secured maintenance order under the provisions of the Domestic Violence Act. Reliance is placed on the judgment

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7 - NC: 2024:KHC-D:7749 WP No. 100476 of 2024 C/W WP No. 100478 of 2024, WP No. 100480 of 2024, WP No. 100481 of 2024

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rendered by the Hon’ble Apex Court in the case of

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RAJNESH VS. NEHA AND ANOTHER¹ .

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It is forthcoming from records that the petitioner – husband has not paid maintenance awarded under the provisions of the Domestic Violence Act. Therefore, the contention of the petitioner – husband that on account of two maintenance orders passed by two Forums, there is an issue of over-lapping of jurisdiction under two different statutes and that has led to conflicting orders in two proceedings cannot be acceded to.

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Be that as it may, the Co-ordinate Bench of this Court referring to the judgment rendered by the Hon’ble Apex Court in the case of RAJNESH VS. NEHA AND

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ANOTHER (cited supra), has held that, the successive claims for maintenance under different statutes needs to be considered by the Court seized with the recovery of arrears of maintenance. If petitioner – husband has paid

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1 (2021)2 SCC 324

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NC: 2024:KHC-D:7749 WP No. 100476 of 2024 C/W WP No. 100478 of 2024, WP No. 100480 of 2024, WP No. 100481 of 2024

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maintenance under the provisions of the Domestic Violence Act, he is at liberty to seek adjustment or set-off by filing objections and making out a case for adjustment or set-off. Without filing objections to the notices issued in recovery proceedings, the petitioner has straight away approached this Court. Therefore, this Court is of the view that no indulgence is warranted in all these four petitions.

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Reserving liberty to the petitioner to claim set-off or adjustments if he has paid maintenance under two different statutes, the captioned writ petitions are liable to be disposed off.

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With these above observations, these writ petitions are dismissed.

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However, liberty is reserved to the petitioner – husband to furnish details of payment of maintenance, if any. If such maintenance is paid by the petitioner – husband under the provisions of Domestic Violence Act, the Family Court shall take cognizance of these payments

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NC: 2024:KHC-D:7749 WP No. 100476 of 2024 C/W WP No. 100478 of 2024, WP No. 100480 of 2024, WP No. 100481 of 2024

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and shall proceed with recovery proceedings in the light of

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the law laid down by the Hon’ble Apex Court in the case of

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RAJNESH VS. NEHA AND ANOTHER (cited supra).

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Sd/JUDGE

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