Dismissed

Shri Umesh S/O Hanamanth Murgod v. Smt Maheshwari Alias Sawata W/O Umesh Murgod

Karnataka HC4 Apr 2024WP/101739/2024

Case brief

AI extract

What is this about?

The Karnataka High Court bench dismissed a writ petition challenging an execution petition and interim maintenance orders granted in matrimonial and DV proceedings. The court held that the recovery petition was justified and found no grounds to interfere with the DV maintenance order.

What did the court decide?

Writ petition dismissed; quashing of impugned orders and recovery proceedings denied.

Shri Umesh S/O Hanamanth Murgod Vs Smt Maheshwari… — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC-D:6163 WP No. 101739 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4^TH DAY OF APRIL, 2024 BEFORE

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THE HON'BLE MR JUSTICE RAVI V.HOSMANI WRIT PETITION NO. 101739 OF 2024 (GM-CPC)

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BETWEEN:

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SHRI UMESH S/O. HANAMANTH MURGOD, AGE: 36 YEARS, OCC: POLICE AT FIRE DEPARTMENT, A.P.M.C. AMARGOL, R/O. BEEDAKI, TQ: RAMDURG, NOW RESIDING AT HUBBALLI, QUARTERS OF THE FIRE DEPARTMENT, SHREE NAGAR CROSS, HUBBALLI, DIST: DHARWAD-580009.

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…PETITIONER

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(BY SRI H.M. DHARIGOND, ADVOCATE)

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AND:

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CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed byCHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2024.04.08 15:02:04 +0530

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SMT. MAHESHWARI @ SAWATA W/O. UMESH MURGOD, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, R/O. BEEDAKI, TQ: RAMDURG, NOW RESIDING AT C/O. SHEKAPPA S/O. BASAPPA KAMBLI, GUDVINKATTI VILLAGE, TQ: KUNDAGOL, DIST: DHARWAD-581113.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 12-09-2017 PASSED ON IA NO. I/2016 IN MC NO.5/2016 PASSED BY THE SENIOR CIVIL JUDGE RAMDURG VIDE ANNEXURE-D AND PROCEEDINGS INITIATED UNDER ORDER 21 RULE 11 OF CPC FILED BY THE RESPONDENT IN EX. P NO.41/2019 ON THE FILE OF SENIOR CIVIL JUDGE, RAMDURG PRODUCED AT VIDE ANNEXURE-H.

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

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2 - NC: 2024:KHC-D:6163 WP No. 101739 of 2024

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ORDER

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This writ petition is filed seeking for following relief:

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“Issue a writ in the nature of Certiorari to quash the impugned order dated 12-09-2017 passed on IA no. I/2016 in MC no.5/2016 passed by the Senior Civil Judge Ramdurg vide Annexure-D and proceedings initiated Under Order 21 Rule 11 of CPC filed by the respondent in Ex.P.41/2019 on the file of Senior Civil Judge, Ramdurg produced at vide Annexure-H.”

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Sri H.M.Dharigond, learned counsel for petitioner submitted that marriage of petitioner with respondent was celebrated on 08.06.2014 as per religious customs. They lived together for only two days and thereafter, respondent let for her maternal home. Subsequent efforts for reconciliation failed. Hence, petitioner was constrained to file M.C.no.5/2016 under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights. On appearance, respondent filed application for interim maintenance under Section 24 of Hindu Marriage Act. Though it was opposed, on 12.09.2017, an order was passed directing petitioner to pay interim maintenance of Rs.2,500/- per month and Rs.5,000/- towards litigation expenses until disposal of petition. Thereafter, when petitioner sought to withdraw his petition, same was permitted reserving liberty to respondent, to recover interim maintenance.

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3 - NC: 2024:KHC-D:6163 WP No. 101739 of 2024

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Suppressing above, respondent filed petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 (‘D.V. Act’, for short) and filed interim application for maintenance. Same was allowed on 26.09.2016 directing petitioner to pay Rs.2,500/- per month to respondent until further orders.

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Subsequently, petitioner filed M.C.no.44/2018 under Section 13(1) (ia) and (ib) of Hindu Marriage Act. Said petition was decreed on 24.06.2021. In meanwhile respondent had filed Ex.P.no.41/2019 for recovery of arrears. Challenging order granting interim maintenance in M.C.no.5/2016 and Ex.P.no.41/2019 on ground of maintainability, this petition was filed.

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It was submitted, admittedly, interim maintenance was granted in M.C.no.5/2016. Upon its disposal as withdrawn, interim order would merge with final order. Therefore execution petition would not be tenable. Further, award of interim maintenance in proceedings under D.V. Act was without any reasons and would be unsustainable when only intention of respondent was to harass petitioner. On above grounds sought for allowing petition.

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4 - NC: 2024:KHC-D:6163 WP No. 101739 of 2024

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Heard learned counsel and perused writ petition.

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From above, it is seen that marriage of petitioner

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with respondent is not in dispute. Likewise award of interim maintenance in M.C.no.5/2016 is also not in dispute. Though said petition was withdrawn, order passed expressly permitted respondent to recover arrears. Consequently, challenge against execution petition filed for recovery would be justified.

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Insofar as interim maintenance awarded in proceedings under D.V.Act, it is seen that petitioner is an employee of Fire Department and withdrawal of petition for restitution would prima facie justify respondent residing separately from petitioner. And as petitioner is Government employee, interim maintenance of Rs.2,500/- would not call for interference on quantum also. No grounds for interference made out.

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Writ petition is dismissed.

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Sd/JUDGE

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CLK

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List No.: 1 Sl No.: 33

Shri Umesh S/O Hanamanth Murgod v. Smt Maheshwari Alias Sawata W/O Umesh Murgod

Case brief

What is this about?

What did the court decide?

Shri Umesh S/O Hanamanth Murgod v. Smt Maheshwari Alias Sawata W/O Umesh Murgod

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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