Smt Mahadevi Aliyas Bourawwa W/O Dhareppa Kumbar Vs Sri… — Contempt of Court | Karnataka HC (2025)

Smt Mahadevi Aliyas Bourawwa W/O Dhareppa Kumbar Vs Sri… — Contempt of Court | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Contempt petition closed, with express liberty to the complainant to initiate appropriate proceedings for recovery of arrears of maintenance, if any, in accordance with law; during the hearing the respondent handed over Demand Draft No.788472 dated 21.06.2025 for ₹3,62,000/-, receipt of which was acknowledged by the complainant's counsel. No express finding of contempt, or of its absence, was recorded.

Issue for consideration

Whether the accused willfully disobeyed the order of the learned Single Judge dated 27.08.2024 in W.P.No.113306/2015 (GM-FC) by failing to pay the maintenance and arrears as directed. +1 more

Ratio / Principle

The Court held that whether there are arrears of maintenance or not cannot be gone into in the present contempt proceedings on the basis of the memo of calculations filed by the parties, as the scope of such proceedings is limited.

Key takeaways

The Court expressly granted liberty to the petitioner to initiate appropriate proceedings for recovery of arrears, if any, in accordance with law, and with that liberty closed the contempt petition.ratio¶43

Detailed headnote1 paragraphs

Civil contempt (CCC) under Ss.11 & 12, Contempt of Courts Act, 1971 r/w Art.215, Constitution of India — alleged willful disobedience of learned Single Judge's order dated 27.08.2024 in W.P.No.113306/2015 (GM-FC), which had quashed the Trial Court's order dated 08.01.2015 in M.C.No.28/2013 and directed the respondent-husband to pay Rs.6,000/- p.m. maintenance with arrears from 29.04.2014 — at hearing, respondent handed over Demand Draft No.788472 dated 21.06.2025 for ₹3,62,000/-, receipt acknowledged by complainant's counsel — Held: (i) whether arrears of maintenance remain cannot be gone into in contempt proceedings on the basis of the parties' memos of calculation, the scope of such proceedings being limited; (ii) complainant granted express liberty to initiate appropriate proceedings for recovery of arrears, if any, in accordance with law — contempt petition closed; no finding of contempt recorded.

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NC: 2025:KHC-D:9764-DB CCC No. 100074 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF AUGUST, 2025 PRESENT

THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

CIVIL CONTEMPT PETITION NO. 100074 OF 2025

BETWEEN:

SMT. MAHADEVI @ BOURAWWA W/O. DHAREPPA KUMBAR, AGED ABOUT 45 YEARS, OCC: AGRICULTURE LABOUR, C/O. BASAPPA MALAKAPPA KUMBAR, KUMBAR GALLI, KILLA BAG, POST. TERDAL-587315, JAMKHANDI TALUK, BAGALKOTE DISTRICT.

…COMPLAINANT

(BY SRI. S. C. BHUTI, ADVOCATE)

AND:

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench

SRI. DHAREPPA SIDDHRAMAPPA KUMBAR, AGED ABOUT 59 YEARS, OCC: SERVICE, R/O. KUMBAR GALLI, POST. RABAKAVI-587312, TQ. JAMKHANDI, DIST. BAGALKOTE.

…ACCUSED

(BY SRI. S. S. HEGDE AND SRI. S. R. HEGDE, ADVOCATES)

THIS CCC IS FILED UNDER SECTION 11 & 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA, 1950, PRAYING TO INITIATE THE PROCEEDINGS AGAINST THE ACCUSED AND PASS APPROPRIATE ORDER UNDER THE PROVISIONS OF CONTEMPT OF COURT ACT FOR DISOBEYING THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.NO.113306/2015 (GM-FC) DATED 27.08.2024 VIDE ANNEXUREA, IN THE INTEREST OF JUSTICE.

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NC: 2025:KHC-D:9764-DB CCC No. 100074 of 2025

HC-KAR

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

This contempt petition is filed alleging willful disobedience of the order of the learned Single Judge dated 27.08.2024 passed in W.P.No.113306/2015 (GMFC). The operative portion of the order of the learned Single Judge reads as under:

i. The impugned order dated 08.01.2015 passed in M.C.No.28/2013 at Annexure-H is quashed. The Trial Court is directed to pass appropriate orders after considering the objection statement filed as per Annexure-G.

ii. The respondent is directed to pay the amount of Rs.6,000/- per month as ordered by this Court and pay arrears of maintenance from 29.04.2014 to till date, within a period of one month from today, deducting the maintenance amount already paid before the Trial Court in M.C.No.28/2013 and also in the Execution Petition.

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NC: 2025:KHC-D:9764-DB CCC No. 100074 of 2025

HC-KAR

iii. On payment of the entire arrears of maintenance, the Trial Court is directed to consider the memo as well as the objection statement filed by the petitioner herein within a time bound period of one month from the date of payment of entire areas of maintenance.

iv. The petitioner is also given liberty to even initiate fresh petition for filing of maintenance petition for enhancement.

v. Writ petition is disposed of accordingly.

Sri S.C.Bhuti, learned counsel appearing for the petitioner submits that despite the order of the learned Single Judge, the respondent – husband has not paid the maintenance as directed and there is arrears of maintenance also. It is submitted that this Court at Para - 4 has taken note of the order passed by the Hon’ble Apex Court, wherein the respondent has undertook to pay all arrears. Despite the same, there is no compliance of the order of the learned Single Judge and order of the Hon’ble

Apex Court.

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HC-KAR

Per contra , Sri S.R.Hegde, learned counsel

appearing for the respondent filed a memo of calculation indicating the payment made by the respondent to the petitioner so far. It is further submitted that today respondent has handed over Demand Draft bearing No.788472 dated 21.06.2025 for a sum of ₹3,62,000/drawn in favour of the petitioner. Learned counsel for the petitioner acknowledges the receipt of the said D.D. Learned counsel for the respondent contended that the respondent has paid the entire arrears of maintenance as ordered by the learned Single Judge and there are no arrears. However, learned counsel for the respondent disputes the same.

We are of the considered view that whether there is a arrears of maintenance or not cannot be gone into in the present proceedings based on the memo of calculations filed by the parties, as the scope of this proceeding are limited. We expressly grant liberty to the

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NC: 2025:KHC-D:9764-DB CCC No. 100074 of 2025

HC-KAR

petitioner to initiate appropriate proceedings for recovery

of arrears, if any in accordance with law.

With the aforesaid liberty, present contempt

petition is closed.

Sd/(S.SUNIL DUTT YADAV) JUDGE

Sd/(VIJAYKUMAR A.PATIL) JUDGE

CLK /CT-AN List No.: 1 Sl No.: 22