Basawanthraya S/O Sidramappa Police ... vs Kashamma W/O Baswanthraya Police Patil on 29 February, 2016

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Karnataka High Court

Basawanthraya S/O Sidramappa Police ... vs Kashamma W/O Baswanthraya Police Patil on 29 February, 2016

Bench: K.N.Phaneendra

                             1




           IN THE HIGH COURT OF KARNATAKA

                  KALABURAGI BENCH

   DATED THIS THE 29TH DAY OF FEBRUARY 2016

                         BEFORE

   THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

            W.P.No.206327/2015 (GM-RES)

Between:

Basawanthraya
S/o Sidramappa Police Patil
Age: 60 years
Occ: Retd. Govt. Servant & Agriculture
R/o Almel Village
Tq. Sindagi
District Vijayapura- 584 101

                                          ... Petitioner
(By Smt. Sharada R.Patil, Advocate)

And:

Keshamma
W/o Basawanthraya Police Patil
Age: 46 years, Occ: Household
R/o Ganjalkhed,
Tq. and Dist. Kalaburgai
Now at Janata Layout, Brahmpur
Kalaburagi- 585 103.
                                         ... Respondent
(By Sri G. S. Biradar, Advocate)
                               2




      This writ Petition is filed under Articles 226 and 227 of
the Constitution of India read with 482 of Cr.P.C. praying to
issue a writ of certiorari and to set aside the order dated
16.10.2015 passed in Crl.E.P. No.41/15 by the Hon'ble
Family Court at Kalaburagi, the certified copy of which is
produced at Annexure-F.

      This petition coming on for preliminary hearing in 'B'
group this day, the Court made the following:


                         ORDER

There is no dispute between the parties that, in Criminal Execution Petition No.41/2015, the respondent herein the wife of the petitioner has executed the orders passed by the Family Court in Criminal Misc.No.45/2013 seeking recovery of maintenance amount from May-2013 to April-2014. The Court has issued FLW for recovery of the said amount against the petitioner herein.

2. The petitioner's counsel submitted that, the petitioner has paid the entire amount, there is no due, as such FLW issued by the Court is illegal. The 3 petitioner in fact ought to have approached executing Court by bringing it to the notice of the Court that the petitioner has paid entire amount by filing memo of calculation before the Court and Court can recall the FLW issued against the petitioner, if it satisfied with the entire amount is already paid as per defence taken by the petitioner herein. Therefore, there is no question of quashing the proceedings or FLW arises before this Court when efficacious and alternate remedy is available to the petitioner. Hence, the following:

ORDER The petition is dismissed. However the petitioner is at liberty to file necessary application for recalling FLW along with necessary documents and the Executing Court after providing the opportunity to other side pass appropriate orders in this regard.

Sd/-

JUDGE sdu

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