- 1 - HC-KAR NC: 2025:KHC:19792 WP No. 75 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 75 OF 2022 (GM-FC) BETWEEN: SMT. PREMA MARY W/O A.SHANTAPPA D/O CHAVARAPPA AGED ABOUT 50 YEARS SANNENAHALLI VILLAGE GUNGRAMALA POST TIPATUR TALUK TUMAKUR DISTRICT -572 224 PRESENTLY R/AT C/O CHANDRAPPA BUILDING K.H.B COLONY, B.M. ROD, KUNIGAL TALUK TUMKUR DISTRICT- 572 130 …PETITIONER (BY SRI. RAMAIAH GOWDA L.M., ADVOCATE) AND: SRI A.SHANTAPPA S/O LT.ANTHAPLPA AGED ABOUT 62 YEARS R/AT NO. 645, LIG -2 II STAGE, RAJIVNAGAR MYSORE -570 019 …RESPONDENT (BY SRI.RAVI KUMARA B.R., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 29.11.2001 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AT KUNIGAL IN CASE M.C.NO.27/2018 ON IA.NO.11,PRODUCED AS ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19792 WP No. 75 of 2022 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed aggrieved by the order passed in I.A.No.11 in M.C.No.27/2018 dated 29.11.2021 and in M.C.No.28/2018 dated 29.11.2021 by the Senior Civil Judge, Kunigal, whereby the Trial Court had dismissed the applications filed by the wife. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case that the husband had filed M.C.1467/2017 seeking decree of divorce before the VI Addl. Principal Judge, Family Court at Bengaluru and the wife had filed M.C.No.41/2017 seeking restitution of conjugal before the Court of Senior Civil Judge at Tiptur. When both the parties have filed their transfer petitions, both were heard by the Co- ordinate Bench of this Court that is C.P.No.172/2017 along with C.P.No.46/2018 and the Court had transferred the matters to the Senior Civil Judge and JMFC, Kunigal by the order dated 05.04.2018. Then, the parties were pursuing the matter till the year 2021. Suddenly, in the year 2021, the learned counsel - 3 - HC-KAR NC: 2025:KHC:19792 WP No. 75 of 2022 appearing for the wife had come up with an application stating that as per Section 10 of the Indian Divorce Act, 2001 and as per Section 23 of the Special Marriage Act, 1954, only the District Courts has got the jurisdiction and they have filed an application before the Court and by order impugned the Trial Court had dismissed the said application holding that when already an order is passed by the High Court in the transfer petition that cannot be entertained. Assailing the same the wife is before this Court. 4. Having heard the learned counsels on either side, perused the material on record. When the Court had passed an order transferring the matter to a Senior Division Court, when it is a District Court which is having the jurisdiction, if the parties are interested in pursuing the matter, they would have sought a clarification from this Court by filing a review petition. Unfortunately, that is not done. Then the matter was pending for 3 years. Then they will go before the Trial court by filing the application. The Trial Court was absolutely right in passing this order. Then they have come to this Court and obtained an interim order in the year 2022 and has shown no interest to - 4 - HC-KAR NC: 2025:KHC:19792 WP No. 75 of 2022 pursue the matter. From this conduct, this Court is of the view that there are no bonafides in pursuing the matter. Any order that is passed by a Court which is having no jurisdiction is a nullity and when a legal remedy is available to the parties they should avail the said remedy. Unfortunately, the parties were comfortable and were happy not to pursue the matter what they are supposed to and also when the petition is pending before the Court they have kept quiet. This Court clearly finds that the interest or the conduct of the wife in pursuing the matter in this manner is definitely not genuine and it also amounts to wasting the judicial time of the Senior Civil Judge Court where the matter was pending for 3 years and also the time of this Court where the writ petition is pending from the year 2021. When the petitioner is assisted by an advocate this Court need not advise them what is the appropriate remedy. In those circumstances, this Court is passing the following, ORDER i. There is no illegality with the order passed in I.A.No.11 in M.C.No.27/2018 dated 29.11.2021 - 5 - HC-KAR NC: 2025:KHC:19792 WP No. 75 of 2022 and in M.C.No.28/2018 dated 29.11.2021 by the Senior Civil Judge, Kunigal. ii. Accordingly, the writ petition is ‘dismissed’ with a liberty to the petitioner to seek the review of the order dated 05.04.2018 within 15 days from the date of receipt of copy of the order. iii. For not availing the remedy and proceeding with the matter for 3 years before the Senior Civil Judge Court and by obtaining stay of the proceedings before the Family Court and not even pursuing this writ petition, a cost of Rs.5,000/- is imposed on the petitioner/wife and she shall pay it within one week to the Advocates’ Association Library. iv. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 24