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2025 DAILYLAW 13896 (KAR)

SMT KAVYA RAMEKRISHNAGOWDA v. SRI HEMANTH

WP/1613/2022 · 2025-06-02

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18541 WP No. 1613 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. 1613 OF 2022 (GM-FC) BETWEEN: SMT. KAVYA RAMEKRISHNAGOWDA, DAUGHTER OF SHRI. RAMEKRISHNAGOWDA, AGED ABOUT 33 YEARS, RESIDING AT NO. 346, 5TH MAIN ROAD, REMCO LAYOUT, VIJAYANAGAR, BANGALORE - 560 085. PRESENTLY WORKING AND RESIDING AT NO.5/2, CLARK STREET WILLIAMS LANDING, VIC 3027, MELBOURNE, AUSTRALIA, REPRESENTED BY HER GPA HOLDER SMT. INDIRA S. …PETITIONER (BY SRI. HEMANTH P, ADVOCATE FOR SMT. GEETHA DEVI M.P, ADVOCATE) AND: SRI. HEMANTH, SON OF SHRI. MARISWAMY GOWDA, AGED ABOUT 40 YEARS, RESIDING AT NO. 1087/1217, 8TH CROSS, GIRINAGAR, PHASE-2, BANGALORE - 560 085. …RESPONDENT (BY SMT. RESHMA THAMAIAH, ADVOCATE (ABSENT)) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS IN G AND WC 120/2022 ON THE FILE OF III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18541 WP No. 1613 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on I.A.No.3 in G & W.C.No.120/2021 dated 03.01.2022 by the Court of the III Addl. Principal Judge, Family Court at Bengaluru, the mother is before this Court. The mother has filed this application under VII Rule 11 of CPC to reject the petition as not maintainable. The Court by order impugned had dismissed the said petition holding that the Court has got jurisdiction to entertain the petition. When the matter came up for hearing before this Court, it is submitted that the parties have moved to Australia and before the Federal Circuit and Family Court of Australia (Division 2), final order was passed on 11.09.2023 and accordingly, the rights of the parties were crystallised by the Court. It is submitted that in that view of the matter, the Writ Petition needs to be allowed. 2. There is no representation on behalf of the respondents. 3. Having heard the learned counsel for the petitioner, perused the material on record. When the parties have - 3 - HC-KAR NC: 2025:KHC:18541 WP No. 1613 of 2022 obtained order from the courts at Australia dated 11.09.2023 with regard to the rights of the parties, no further orders needs to be passed in this petition. Accordingly, the Writ Petition is closed. All the IA's stands closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 35 CT: BHK