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2025 DAILYLAW 17419 (KAR)

SRI. ADEEB HUSSAIN v. MRS RAHEELA TAJ

WP/6635/2024 · 2025-01-30

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4289 WP No. 6635 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6635 OF 2024 (GM-CPC) BETWEEN: SRI. ADEEB HUSSAIN AGED ABOUT 41 YEARS S/O P NAZIR HUSSAIN R/AT No. 39, 4TH CROSS H. C SRIKANTAIAH LAYOUT NAGAWARA MAIN ROAD CHURCH CROSS, K.G HALI ARABIC COLLEGE POST BANGALORE-560045. …PETITIONER (SRI.ADEEB HUSAIN ., PETITIONER [PARTY IN PERSON]) AND: MRS RAHEELA TAJ W/O ADEEB HUSSAIN AGED ABOUT 35 YEARS R/AT TANK BUND ROAD, WARD NO. 5 CHINTAMANI TOWN - 563125 …RESPONDENT (BY SRI. NARAYANA BHAT M.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE COURT OF SENIOR CIVIL JUDGE AND JMFC, CHINTAMANI TO DIMISS THE SUIT O.S.NO.153/2023 PENDING BEFORE THE SAME COURT AS ANNEXED IN ANNEXURE-A, AS IT IS IN VIOLOATION OF FAMILY COURTS ACT AND ETC AND Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4289 WP No. 6635 of 2024 KINDLY ISUE ANY OTHER RELIEF ORDER OR DIRECTION THIS COURT MAY DEEM FIT AND PROPER UNDER THE FACTS AND CIRUCMSTANCES OF THE PRESENT WRIT PETITION. 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. In this writ petition, the petitioner has sought for the following reliefs: a) Direct the Hon’ble Court of Senior Civil Judge and JMFC, Chintamani, to dismiss the suit O.S.No.153 of 2023 pending before the same court as annexed in Annexure-A as it is in violation of Family Courts Act in the interest of justice and equity. b) Kindly issue any other relief, order or direction this court may deem fit and proper under the facts and circumstances of the present writ petition. 2. The learned counsel for the respondent has produced a copy of the notification dated 30.04.2020 issued by the Government, establishing the Family Court at - 3 - NC: 2025:KHC:4289 WP No. 6635 of 2024 Chikkaballapur District having jurisdiction of the said Court to Chikkaballapur city limits only. 3. The present suit is filed before the Court of Senior Civil Judge and JMFC, Chintamani. The Court of Senior Civil Judge and JMFC, Chintamani, is the competent court to decide the family matters filed at Chintamani. Hence, the Court of Senior Civil Judge and JMFC, Chintamani, has rightly entertained the present suit filed by the plaintiff in respect of the family matter. 4. In that view of the matter, the prayer sought in this writ petition does not survive for consideration. 5. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 17