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2025 DAILYLAW 12834 (KAR)

SMT. KAVYA N v. MAHESH S

WP/404/2022 · 2025-06-02

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18477 WP No. 404 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 404 OF 2022 (GM-FC) BETWEEN: SMT. KAVYA N., W/O MAHESH S., D/O NAGAPPA AGED ABOUT 29 YEARS, R/AT D NO.656 DODDAKANYA VILLAGE JAYAPURA HOBLI MYSURU TALUK MYSURU-570 008 …PETITIONER (BY SRI.ANIKETH K.U., ADVOCATE FOR SRI.SACHIN B.S., ADVOCATE) AND: MAHESH S., S/O SHIVANNA AGED ABOUT 35 YEARS, RESIDING AT NO.121 D BLOCK, 25TH CROSS, J.P. NAGAR MYSORE-570 008 …RESPONDENT (BY SRI. MAHADEVA S., ADVOCATE) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED: 2.12.2021 ON IA UNDER SECTION 24 OF HINDU MARRIAGE ACT FILED IN M.C.NO.456/2021 ON THE FILE OF II ADDL PRL JUDGE FAMILY COURT, MYSURU AS PER ANNEXURE-A CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 24 OF HINDU MARRIAGE ACT AS PER ANNEXURE-D. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18477 WP No. 404 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order dated 02.12.2021 passed in I.A. filed under Section 24 of the Hindu Marriage Act in M.C.No.456/2021 on the file of the II Additional Principal Judge, Family Court, Mysuru, whereby the Trial Court had dismissed the application filed by the petitioner/wife and allowed the I.A. filed under Section 65B of Indian Evidence Act filed by the respondent/husband, the petitioner/wife is before this Court. 2. Learned counsel for the petitioner submits that the M.C. filed by the husband is already allowed and the wife had carried this in appeal and the same is pending consideration. Learned counsel submits that there may be a finding by this Court that the observations made in this petition would not come in the way of the petitioner. 3. This Court cannot pass such an order as the order passed in M.C. granting divorce itself is in question before the Division Bench and the petitioner is at liberty to raise all those issues before the Court where the appeal is pending. - 3 - HC-KAR NC: 2025:KHC:18477 WP No. 404 of 2022 3. Accordingly, the writ petition is dismissed as infructuous. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 6