- 1 - NC: 2025:KHC:15156 WP No. 455 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 455 OF 2025 (GM-FC) BETWEEN: 1. SRI POOJITHA BILWAR W/O SRI RAGHAVENDRA SHIVAMURTHY BIWAN, D/O P NARSING RAO, AGED ABOUT 33 YEARS, R/AT H NO.12-11-1712/1, SRI MAATHRU NILAYAM, UPPERBASTHI, NAMALAGUNDU, SECUNDERABAD, TELANGANA - 560 061 …PETITIONER (BY MS. SOFIYA, ADVOCATE) AND: 1. SRI RAGHAVENDRA SHIVAMURTHY BILWAR S/O LATE SHIVAMURTHY BILWAR, AGED ABOUT 35 YEARS, R/AT 108, JASMINE BLOCK, EDEN BLOSSOMS APARTMENT, 9TH AND 10TH BLOCK, NEXT TO BMTC BUS LAYOUT, JP NAGAR 9TH PHASE, BANGALORE - 560 062 …RESPONDENT (BY MR. SANDEEP HEGDE, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 06.12.2024 PASSED BY THE HON'BLE I ADDL. PRINCIPAL FAMILY COURT, BANGALORE ON MEMO DTD 25.10.24 IN MC NO. 1378/222 (ANNX-A) AND ETC. Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka - 2 - NC: 2025:KHC:15156 WP No. 455 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the wife against the husband being aggrieved by the order dated 06.12.2024 passed by the I Additional Principal Judge, Family Court, Bengaluru in M.C.No.1378/2022, whereby, at the instance of the wife a Memo came to be filed in the divorce petition initiated by the respondent-husband stating that the wife does not have any objection to the petition of the husband being allowed for divorce. This memo is kept in abeyance by the learned Judge of the Family Court, Bengaluru. Aggrieved by which, the petitioner-wife is before this Court. 2. It is the contention of learned Counsel for the petitioner that divorce petition came to be filed by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act. The petitioner being respondent before the Family Court, filed statement of objections in the said divorce petition. Thereafter, she filed a memo on 07.06.2024 praying the Court to allow the petition filed by the respondent seeking dissolution - 3 - NC: 2025:KHC:15156 WP No. 455 of 2025 of marriage and pass orders. The said memo has been kept in abeyance by the learned Judge of the Family Court on the ground that the same would be considered along with the main petition. 3. It is the grievance of petitioner that once she has filed a memo conceding that the petition of the respondent- husband be allowed, the Family Court should have proceeded further and pass the Judgment and Decree of divorce rather than keeping in abeyance to be considered along with main petition. Therefore, she seeks to allow this petition, consequently, the memo filed by her to allow the petition of the respondent-husband and grant decree of divorce. 4. Learned counsel for the respondent contends that he has no objection in the petition being allowed but it requires to be allowed in terms of the petition filed by him on the ground so urged on the provisions stated in the petition for divorce and not merely on the Memo filed by the petitioner herein. The Family Court has now posted the matter for recording of evidence. Memo would be considered along with the main matter which is correctly held by the learned Family - 4 - NC: 2025:KHC:15156 WP No. 455 of 2025 Court. Hence, there is no illegality or perversity in the order passed by the learned Family Court Judge. 5. I have heard learned counsel for the Petitioner and learned counsel for the respondent. 6. The memo filed by the learned counsel for petitioner is placed on record. 7. The Learned Judge of the Family Court shall consider the same and pass suitable orders based on the materials placed on record and also the evidence that is recorded before the Family Court in accordance with law. If the parties are willing to approach the Court mutually by filing a consent divorce petition under Section 13(B) of the Hindu Marriage Act, 1955, he shall consider the same otherwise the learned Judge of the Family Court shall decide the matter in accordance with law on merits of the matter and pass suitable Orders. 8. Under the circumstances, I do not find any cogent reasons to interfere with the order passed by the Principal Judge, Family Court, Bengaluru on the memo dated 25.10.2024. Accordingly, I pass the following - 5 - NC: 2025:KHC:15156 WP No. 455 of 2025 O R D E R (i) The petition is dismissed. (ii) In view of the petition being filed in the year 2022, learned Judge of the Family Court, Bengaluru, shall expedite the matter and dispose of the petition expeditiously by giving reasonable opportunity to both the parties. Sd/- (PRADEEP SINGH YERUR) JUDGE PSJ List No.: 1 Sl No.: 15