The High Court under Article 227 noted the prolonged pendency of an execution petition for maintenance recovery despite prior orders. The court issued directions for the trial court to dispose of the petition expeditiously within two months but disposed of the writ petition itself without granting the prayer for direct salary attachment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:30914 WP No. 1332 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 1332 OF 2023 (GM-FC)
BETWEEN:
SMT.SAGEERA BANU W/O MOHAMMED USMAN SAB AGED 55 YEARS C/O C.M.SHOUKATH ALI COFFEE PLANTER, 3RD CROSS PENSION MOHALLA CHIKKAMAGALURU- 577 101
…PETITIONER
(BY SRI.P.P.HEGDE, SENIOR COUNSEL ALONG WITH SRI.VENKATESH SOMAREDDI, ADVOCATE)
AND:
Digitally signed by MEGHA MOHAN
Location: HIGH COURT OF KARNATAKA
WORKING AS SECOND DIVISION ASSISTANT
NC: 2024:KHC:30914 WP No. 1332 of 2023
OFFICE OF TALUK HEALTH OFFICER N R PURA CHIKKAMAGALURU -577 134
…RESPONDENTS
(BY SRI.H.K.KENCHEGOWDA, AGA FOR R1-R3 SRI.G.S.BALAGANGADHAR, ADVOCATE FOR R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPRIATE WRIT/ORDERS/DIRECTION TO THE COURT OF CIVIL JUDGE AND JMFC, CHIKKAMAGALURU TO EFFECTIVELY AND EXPEDITIOUSLY DECIDE THE CASE IN CRIMINAL MISCELLANEOUS NO.434/2019 ON THE FILE OF CIVIL JUDGE AND JMFC, CHIKKAMAGALURU VIDE ANNEXURE-A WHICH IS FILED UNDER SECTION 125(3) OF CR.PC FOR RECOVERY OF ARREARS OF MAINTENANCE OF 8,50,000/- AND REPORT THE COMPLIANCE OF THE SAME TO THIS HONBLE COURT.
THIS PETITION HAVING BEEN HEARD AND RESERVED ON 13.03.2024, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CAV ORDER
The present writ petition is filed seeking the following relief:
NC: 2024:KHC:30914 WP No. 1332 of 2023
iii) Grant such other and further reliefs as this Hon’ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity.
maintenance she field Crl.Misc.No.434/2019 seeking direction to pay the arrears of maintenance amount of Rs.8,50,000/from 20.09.2012 till 19.10.2019 calculated at the rate of Rs.10,000/- per month as per the orders of this court. She also filed a petition under Section 12 of the Domestic Violence Act,2005 in Crl.Misc.No.765/2012 on the file of the II Addl. Civil Judge & JMFC, Chickkamagalur which came to be dismissed. She has carried the same in appeal i.e., Crl.A.No.106/2016 in which she awarded monthly maintenance of an amount of Rs.5,000/- from the date of petition and also Respondent No.4 was directed to pay an amount of Rs.20,000/- towards litigation expenses. Against that Crl.Rev.P.No.615/2017 is filed and by order dated 17.09.2019 the husband was directed to pay maintenance of an amount of Rs.10,000/- per month from the date of petition i.e., from 21.09.2012. In the order, the court had observed that the husband is working as S.D.A in Health Department and drawing an amount of Rs.30,455/- per month, though he showed deductions to an extent of Rs.14,388/- and while determining the income of the husband, the gross salary has to be taken into consideration and not
after the deductions. Considering the fact that she is bringing up two children, the amount is enhanced to Rs.10,000/-.
NC: 2024:KHC:30914 WP No. 1332 of 2023
recovery proceedings that are initiated are not taken to logical conclusion and the petitioner could not recover any amount. This court conscious of the powers vested with this court under Article 227 of Constitution of India, the court is not inclined to proceed further and court do not want to pass any order in this writ petition. Whenever and wherever the execution petitions are slowed down and in those cases the High Court cannot start executing the orders. At the same time, this court is very much conscious in the manner in which the matter is going on before the executing court. When the petitioner had filed a petition in the year 2019 and inspite of orders passed by the High Court in Crl.Rev.Petition No.615/2017 c/w Crl.Rev.Petition No.759/2017 she is not able to recover of money. These kind of delay in execution of the court order will definitely erode the confidence of a litigant on the justice delivery system. It is high time that procedure has to be adopted for execution of the decree so that a party can get over unnecessary delays.
quoted the privy counsel judgment of 1872 that the difficulties of a litigant in India begin when he has obtained a decree and
observed that the position is not improved and decree holders are still facing the problem. Considering all these aspects this court is of the view that the court below shall dispose off the pending petition filed for execution as expeditiously as possible but not less than two month from the date of receipt of the copy of the order.
Accordingly, the following:
ORDER
SD/(LALITHA KANNEGANTI) JUDGE
TS List No.: 1 Sl No.: 49
2 issues framed by the court
Whether the High Court can issue directions under Article 227 to expedite the execution of a maintenance decree pending before the civil court.
Whether the trial court should dispose of the pending execution petition for recovery of maintenance arrears within a specified timeframe.
3 provisions across 3 enactments
SMT.SAGEERA BANU
STATE OF KARNATAKA
SUPERINTENDENT OF POLICE CHIKMAGALURU
TALUK ADMINISTRATIVE MEDICAL OFFICER
SRI.MOHAMMED USMAN SAB
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
