- 1 - NC: 2025:KHC:5962 WP No. 3606 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3606 OF 2025 (GM-CPC) BETWEEN: ISHAK @ ISAK AGED ABOUT 37 YEARS S/O UMARABBA R/O PADDANDADKA KATTE HOUSE HOSANGADI, BELTHANGADY D.K.DISTRICT - 576282 …PETITIONER (BY SRI. K PRASANNA SHETTY.,ADVOCATE) AND: ASURA BANU AGED ABOUT 25 YEARS W/O ISHAK @ ISAK R/AT D.NO.3-140-A ASHRAYA NAGAR,VAMANJOOR MANGALURU-575028 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GIVE ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 18.01.2025 PASSED BY THE COURT OF PRINCIPLE JUDGE FAMILY COURT, MANGALORE, DAKSHINA KANNADA, ON IA NO.6/2025 FILED BY THE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5962 WP No. 3606 of 2025 PETITIONER HEREIN UNDER ORDER XVI RULE 1 AND 2 OF CODE OF CIVIL PROCEDURE IN O.S.NO.37/2023 VIDE (ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioner-defendant challenging the order dated 18.01.2025 passed by the I Addl. Principal Judge, Family Court, D.K., Mangaluru on I.A.No.6 filed by the defendant under Order XVI Rule 1 and 2 of CPC in O.S.No.37/2023, whereby the Trial Court has dismissed the said application. 2. The plaintiff filed the suit for dissolution of marriage and for payment of permanent alimony. The plaintiff- respondent is the legally wedded wife of defendant- petitioner. The defendant in order to prove that he has - 3 - NC: 2025:KHC:5962 WP No. 3606 of 2025 paid the college fees of the plaintiff, when she was doing D.Ed Course, he wants to examine the Administrator of the Seema D.Ed. College, Kolar. Hence, he has filed I.A.No.VI under Order XVI Rule 1 and 2 of CPC. The Trial Court, by impugned order has dismissed the said application. Being aggrieved, the present petition is filed. 3. Heard the learned counsel for the petitioner. Perused the writ papers. 4. The plaintiff has filed the suit for dissolution of marriage and for payment of permanent alimony. The defendant has filed I.A.No.VI under Order XVI Rule 1 and 2 of CPC seeking to examine the Administrator of the Seema D.Ed. College, Kolar. By examining the Administrator of the College, it will not help the case of the defendant. Even if the defendant proves that he has paid the college fees of the plaintiff, when she was doing her D.Ed course, it will not help him to prove his case in a suit filed for dissolution of marriage. He has not produced any - 4 - NC: 2025:KHC:5962 WP No. 3606 of 2025 relevant documents to show that the proposed witness, who is sought to be summoned, is an Administrator of the College. The Trial Court after considering all these aspects has rightly dismissed the application. 5. There is no error or illegality in the order passed by the Trial Court. No good grounds are made out to exercise the supervisory jurisdiction vested under Article 227 of the Constitution of India. 6. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 6