Sri. Avinash C. Alias Kiran Vs Smt. Shruthi. D

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NC: 2025:KHC:11630 WP No. 15711 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 15711 OF 2022 (GM-FC)

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BETWEEN:

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SRI. AVINASH C ALIAS KIRAN, SON OF MR. CHANDRAPPA M.K., AGED ABOUT 35 YEARS, PRESENTLY RESIDING AT FLAT NO.5, 2ND FLOOR, VISHWASAI APARTMENT, SIDDESHWARNAGAR, UNKAL, HUBBALLI - 580 031.

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…PETITIONER

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(BY SRI. GIRIDHAR S.V, ADVOCATE)

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AND:

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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SMT. SHRUTHI. D WIFE OF MR. AVINASH C. @ KIRAN, AGED ABOUT 30 YEARS, RESIDING AT NO.731/1, NEW STREET, NEAR RING ROAD SIGNAL, HINKAL, MYSURU - 570 017.

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…RESPONDENT (BY SRI. VENKATESH PRASAD R, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS ON THE FILE OF I ADDL.PRL.JUDGE ,FAMILY COURT, MYSORE IN CRIMINAL MISCELLANEOUS NO.450/2022 CULMINATING IN THE ORDER IMPUGNED AS AT ANNEXURE-F DATED 23.05.2022 ON IA NO.2 AND ETC.,

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NC: 2025:KHC:11630 WP No. 15711 of 2022

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

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CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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The captioned petition is filed assailing the order

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dated 23.05.2022 on I.A.No.2 passed by the 1st Additional Principal Judge, Family Court, Mysore, in

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Crl.Mis.No.450/2020 vide Annexure-F.

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Heard learned counsel for the petitioner and

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learned counsel for the respondent.

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Learned counsel for the respondent files a memo along with certified copy of the order in Crl.Mis.No.450/2022. He further submits that

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Crl.Mis.No.450/2022 for maintenance filed by the

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respondents has been allowed partly and the interim order

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passed by the learned judge of the family court has attained finality by awarding a sum of Rs.20,000-00 p.m. to the respondent herein. The petition before the family court is closed and has attained finality until the same is

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3 - NC: 2025:KHC:11630 WP No. 15711 of 2022

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questioned or challenged by the petitioner in the manner known to law. The present petition challenged by the petitioner/husband on the interim order passed by the family court would not survive for consideration in view of the main criminal miscellaneous petition having been disposed of.

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Learned counsel for the petitioner submits that pursuant to the order passed by this Court, the petitioner has deposited Rs.20,000/-p.m. regularly, which is deposited in the registry of this Court. He seeks two weeks accommodation to challenge the main order passed in Crl.Mis.450/2022. Learned counsel for the petitioner further submits that he may be given an opportunity to challenge the order of the family court wherein both the petitioner and respondent have not filed their assets and liabilities as per the law laid down by the Hon'ble Apex Court in the case of Rajnesh v/s Neha reported in (2021) 2 SCC 324 , disposed of on 04.11.2020.

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4 - NC: 2025:KHC:11630 WP No. 15711 of 2022

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Under the circumstances, two weeks time is granted to the petitioner to challenge the main order passed in Crl.Mis.No.450/2022. In the meanwhile, if no order is secured by the petitioner in the challenge made to the final order passed in Crl.Mis.No.450/2022, the respondent would be at liberty to withdraw the amount from this Court. In such circumstances, the registry shall release and disperse the amount to the respondent by way of electronic transfer upon the respondent furnishing relevant bank details and proper identification.

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With these observations, the writ petition stands disposed of.

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In view of disposal of the writ petition, pending interlocutory application, do not survive for consideration and the same pale into insignificance.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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HDK CT: BHK

Sri. Avinash C. Alias Kiran v. Smt. Shruthi. D

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Sri. Avinash C. Alias Kiran v. Smt. Shruthi. D

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