Sri.Abhijith Shankar Vs Smt.S.M.Rekha — Writ and Judicial Review | Karnataka HC (2026)

Sri.Abhijith Shankar Vs Smt.S.M.Rekha — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of: impugned Family Court order kept in abeyance for two weeks to enable the petitioner to clear all maintenance arrears; failing payment, the impugned order comes into force on expiry of the time granted; Family Court, Bengaluru, directed to serve a copy of the order on the respondent; Registry directed to send a copy of the order to the concerned Court forthwith.

Issue for consideration

Whether the order dated 13.01.2026 passed by the IV Additional Principal Judge, Family Court, Bengaluru, on I.A. No. XII in M.C. No. 2711/2018 striking off the petitioner's defence for non-payment of interim maintenance ought to be quashed by way of certiorari under Article 227.

Court's answer

The petitioner's defence was struck off by the impugned order because he failed to pay the interim maintenance as ordered by the Family Court.

Ratio / Principle

In view of the limited relief sought, notice to the respondent was dispensed with.

Key takeaways

Considering the submission of learned counsel for the petitioner, the Court considered it desirable to give the petitioner a fair opportunity to deposit the amount as ordered, and disposed of the writ petition accordingly.ratio¶47
The impugned order striking off the petitioner's defence is kept in abeyance for a period of two weeks.ratio¶49
The petitioner is to clear all arrears within such time.ratio

Detailed headnote1 paragraphs

Writ petition under Article 227 (GM-FC) by the husband against the order dated 13.01.2026 of the IV Additional Principal Judge, Family Court, Bengaluru, on I.A. No. XII in M.C. No. 2711/2018, whereby his defence was struck off for failure to pay interim maintenance (arrear of Rs. 44,000/- stated by counsel). Notice to the wife was dispensed with in view of the limited relief sought. Considering counsel's submission that the arrears would be deposited, the High Court disposed of the petition keeping the impugned order in abeyance for two weeks and directing the petitioner to clear all arrears within that time; on failure, the impugned order is to come into force on expiry of the period. As the petition was disposed of without notice, the Family Court was directed to serve a copy of the order on the respondent.

1 -

NC: 2026:KHC:9732 WP No. 4169 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.4169 OF 2026 (GM-FC)

BETWEEN:

SRI.ABHIJITH SHANKAR

S/O UDAY SHANKAR

AGED ABOUT 40 YEARS,

RESIDING AT NO. 4, GURUDHAMA

11TH CROSS, MALAGALA, NAGARABHAVI,

2ND STAGE,

Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA

BANGALORE - 560091

…PETITIONER

(BY SRI. ANAND M. SHOLAPURMATH, ADVOCATE)

AND:

SMT.S.M.REKHA, W/O. ABHIJITH SHANKAR,

2 -

NC: 2026:KHC:9732 WP No. 4169 of 2026

HC-KAR

AGED ABOUT 39 YEARS,

RESIDING AT FLAT NO.403,

C. C.RESIDENCY, SBI ROAD,

KSRTC LAYOUT,

CHIKKALLASANDRA,

BANGALORE - 560 061.

…RESPONDENT

(V/C/O DATED 17.02.2026, NOTICE TO RESPONDENT IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS AN ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 13.01.2026 PASSED BY THE HON'BLE IV ADDITIONAL PRL FAMILY JUDGE, AT BENGALURU, IN M.C. NO. 2711/2018, VIDE ANNEXURE-A ON I.A. No. 12 AND ETC.

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

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

3 -

NC: 2026:KHC:9732 WP No. 4169 of 2026

HC-KAR

ORAL ORDER

In the light of the limited relief sought for, this Court

is of the view that notice to respondent is not required to be issued and accordingly notice to respondent is dispensed with.

Heard Sri.Anand M.S., learned counsel for petitioner.

Seeking the Court to issue a writ of certiorari or

any other appropriate writ and to quash the order that is rendered by the Court of IV Additional Principal Judge, Family Court, Bengaluru, on IA No.XII in M.C.No.2711/2018 dated 13.01.2026, this writ petition is filed.

Learned counsel for the petitioner submits that the petitioner was regular in paying the maintenance and he fell due of ₹44,000/- only. Respondent/wife filed I.A.XII seeking the Court to strike off the defence of the petitioner due to non-payment of maintenance and the Family Court

4 - NC: 2026:KHC:9732 WP No. 4169 of 2026

HC-KAR

accordingly passed an order striking off the defence of the petitioner. Learned counsel submits that petitioner will deposit entire amount which is due within short time and therefore this writ petition may be allowed.

As the petitioner/husband failed to pay the interim maintenance as ordered by the Family Court, his defence was struck off through the impugned order. However, considering the submission that is made by learned counsel for the petitioner, this Court considers desirable to give fair opportunity to the petitioner to deposit the amount as ordered. Therefore, the writ petition is disposed of with the following:

ORDER

i) The order passed by the Court of IV Additional Principal Judge, Family Court, Bengaluru, on IA No.XII in M.C.No.2711/2028 dated 13.01.2026 is kept in abeyance for a period of two weeks.

ii) Petitioner to clear all arrears within such time.

5 -

NC: 2026:KHC:9732 WP No. 4169 of 2026

HC-KAR

iii) In case petitioner fails to clear the arrears within the time granted, the impugned order shall come into force on expiry of the time granted by this Court through this Order.

iv) As the writ petition is disposed of without service of notice to the respondent, Family Court, Bengaluru, is directed to serve a copy of this order to the respondent so as to give notice to the respondent about the filing of writ petition by the petitioner and its disposal.

v) Registry is directed to send a copy of this order to the concerned Court, forthwith.

Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

AP CT:TSM List No.: 1 Sl No.: 28