- 1 - HC-KAR NC: 2025:KHC:23870 WP No. 16700 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16700 OF 2025 (GM-FC) BETWEEN: SRI SURAJ SRIRAM S/O SRIRAM SHESHADRI, AGED ABOUT 30 YEARS, R/AT FLAT NO. 301, SHANDSHREE, 6TH APTS, SLV LAYOUT, BESIDES CLUB, MYSORE ROAD, NAYANDAHALLI, BANGALURU – 560 039 …PETITIONER (BY SRI. S. NAVEEN KUMAR, ADVOCATE) AND: SMT. VIJAYSHREE R., D/O RAMAKANTHA D., W/O SURAJ SRIRAM, AGED ABOUT 30 YEARS, R/AT NO. 9, GODHANIWAS, 3RD STAGE, 4TH BLOCK, TEACHERS COLONY, BASAVESHWARNAGAR, BANGALORE – 560 079 …RESPONDENT (BY SRI.SUHAS G., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 21/04/2025 PASSED ON IA NO.5/2024 BY IN MC NO. 1063/2023 THE COURT OF THE PRL JUDGE, FAMILY COURT AT BENGALURU (VI ADDL) AS PER ANNEXURE-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23870 WP No. 16700 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.5 in M.C.No.1063/2023 dated 21.04.2025 by the VI Addl. Principal Judge, Family Court, Bengaluru, whereby the Family Court had clubbed M.C.No.1063/2023 along with M.C.No.617/2023 and the parties were directed to lead their evidence in M.C.No.617/2023, the husband is before this Court. 2. The parties are referred to husband and wife for the sake of convenience. 3. It is the case of the husband that he had filed M.C.No.1063/2023 seeking restitution of conjugal rights and the wife had filed M.C.No.617/2023 seeking divorce. In M.C.No.1063/2023, the wife had filed a counter claim. 4. Learned counsel appearing for the petitioner/ husband submits that initially the wife had filed M.C.No.617/2023 to declare the marriage as nullity. Thereafter, an application was filed under Order 6 Rule 17 read with Section 10 of the Family Court Act and sought for divorce on - 3 - HC-KAR NC: 2025:KHC:23870 WP No. 16700 of 2025 the ground of cruelty. Questioning the order passed by the Family Court allowing the application under Order 6 Rule 17 read with Section 10 of the Family Court Act, the petitioner had filed W.P.No.3002/2025. It is submitted that both the matters can be heard together. Learned counsel further submits that the relief sought by both the parties is different and the sections are different and both the cases cannot be clubbed. 5. Having heard the learned counsels on either side, perused the material on record. There is no dispute that the parties are one and the same in both the cases. One case is filed seeking restitution of conjugal rights and another one is filed seeking divorce. In fact, in the restitution of conjugal rights case there is a counter claim for divorce and there is an independent case for divorce. In these circumstances, this Court is not able to understand what is the difficulty to the petitioner if these petitions are clubbed and the evidence is lead in the divorce case. It would be convenient for the parties as well as to the Court and the Court had rightly considered and passed an order and this Court do not find any reasons to - 4 - HC-KAR NC: 2025:KHC:23870 WP No. 16700 of 2025 interfere. Hence, this Court deems it appropriate to pass the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 13