- 1 - NC: 2025:KHC:15155 WP No. 20792 of 2024 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. 20792 OF 2024 (GM-FC) BETWEEN: 1. MR. VIVEK N. S/O. NAGARAJACHAR K., AGED ABOUT 33 YEARS, R/AT 44, 11TH B ROAD, SIDDEDAHALLI MAIN ROAD, NEAR MEI LAYOUT, BENGALURU - 560 073 …PETITIONER (BY SRI. SYEDA SHEHNAZ, ADVOCATE AND SRI. V. BALAKRISHNA, ADVOCATE (ABSENT)) AND: 1. SMT.CHITRA P D/O. PARASHIVAMURTHY, AGED ABOUT 29 YEARS, R/AT 55/7C, MUNISWAMAPPA GARDEN ROAD, CHUNCHUNGHATTA MAIN ROAD, KONANAKUNTE POST, BENGALURU - 560 062 …RESPONDENT (BY SRI. MOHAMMED MOIN ULLA, ADVOCATE (VC)) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE JUDGMENT AND DECREE IN MC.NO. 3011/2021 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT BANGALORE DTD. 05.04.2024, GRANT AN INTERIM ORDER TO THE JUDGMENT AND DECREE IN M.C.NO. 3011/2021 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT DATED 05.04.2024 BE STAYED PENDING ADJUDICATION OF THE PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka - 2 - NC: 2025:KHC:15155 WP No. 20792 of 2024 CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER There is no representation on behalf of the petitioner. Learned counsel for the respondent is present. 2. The petitioner is questioning the Judgment and Decree dated 05.04.2024 passed by the Principal Judge, Family Court, Bengaluru in M.C.No.3011/2021. 3. The petition before the Family Court was filed under the provisions of Section 24(1) (ii), 25(i) (iii) of Special Marriage Act, 1954 read with Section 12(1)(a) of Hindu Marriage Act, the Judgment and Decree is passed after contest, in view of the provisions of the Hindu Marriage Act appeal remedy is provided under Section 28 so also under the Family Courts Act appeal is provided under Section 19 against the judgment passed by the Family Court, Bengaluru. Therefore, the present petition filed invoking the jurisdiction under Article 227 of the Constitution of India is not maintainable. 4. Accordingly, the petition is dismissed reserving liberty to the petitioner to file necessary appeal before the appropriate Court. - 3 - NC: 2025:KHC:15155 WP No. 20792 of 2024 Certified copies may be returned to the learned counsel for the petitioner by retaining photocopy. Sd/- (PRADEEP SINGH YERUR) JUDGE PSJ List No.: 1 Sl No.: 12