- 1 - NC: 2025:KHC:7798 WP No. 23336 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 23336 OF 2023 (GM-FC) BETWEEN: MR SHASHANK S.N S/O LATE DR SHANKARANARAYANA, AGED ABOUT 35 YEARS, R/AT NO 49, DEVARABISANAHALLI, SARJAPUR OUTER RING ROAD, BELLANDUR POST BENGALURU 560 103 …PETITIONER (BY SMT.LAKSHMI IYENGAR., SR.COUNSEL FOR SRI. N GOWTHAM RAGHUNATH.,ADVOCATE) AND: MRS YASHASVINI K G W/O SHASHANK, D/O M K GUNASHEKAR, AGED ABOUT 30 YEARS, R/AT NO 96, 4TH MAIN AMARJYOTHI LAYOUT, BENGALURU- 560 032 …RESPONDENT (BY SRI. AMIT A MANDGI.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING/SET ASIDE THE ORDER DTD 21.09.2023 PASSED BY THE 6TH ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU ON I.A.NO.V IN MC.NO.488/2021 VIDE ANNEXURE-A AND CONSEQUENTLY DIRECT THE TRIAL Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7798 WP No. 23336 of 2023 COURT TO GRANT SUFFICIENT OPPORTUNITY TO THE PETITIONER TO FILE HIS OBJECTIONS IN RESPECT OF IA NO.5 AND THEREAFTER ADJUDICATE I.A.NO.5 ANNEXURE-F ON MERITS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER The petitioner has filed the present petition questioning the order dated 21st September 2023 passed by the VI Addl. Prl. Judge, Family Court, Bengaluru, on I.A. No.V in M.C. No.488/2021. 2. Petitioner-husband filed the petition against the respondent-wife under the provisions of Section 12(1)(b) r/w Sections 5(ii)(b) and 5(ii)(c) of the Hindu Marriage Act, 1995 for annulment of marriage. During the pendency of the main petition, I.A. No.V came to be filed by the respondent under Order XI Rule 14 r/w Section 151 of the Code of Civil Procedure for a direction to the petitioner for production of certain documents. The said application came to be allowed by the learned Judge of the Family Court by the impugned order, which is questioned before this Court by the petitioner. - 3 - NC: 2025:KHC:7798 WP No. 23336 of 2023 3. Heard the learned senior counsel - Smt Lakshmy Iyengar on behalf of learned counsel - Sri N. Gowtham Raghunath for the petitioner/husband and the learned counsel - Sri Amit Mandgi for the respondent/wife. 4. It is the grievance of the learned senior counsel for the petitioner that the Family Court has erroneously allowed the application - I.A. No.V without appreciating the material on record in the proper perspective and without affording opportunity to the petitioner to file his objections. Infact, the Family Court has taken the objections as nil and passed the impugned order without assigning cogent reasons. Therefore, it is contended by the learned senior counsel that it is not a speaking order and no opportunity was provided to the petitioner to file objections to the application. 5. Learned counsel for the respondent fairly submits that he has no objection for remanding the matter to the Family Court for reconsideration of the application by providing an opportunity to the petitioner; his submission is appreciated. 6. Having heard learned counsels for the parties, this Court does not find it necessary to delve into the merits of the - 4 - NC: 2025:KHC:7798 WP No. 23336 of 2023 application for the reason that the respondent agrees that the impugned order is not a speaking order and the objections or the submissions of the respondent are not considered by the Family Court while passing the impugned order. Hence, the matter is liable to be remanded back to the Family Court for re-appreciation of the matter by providing reasonable opportunity to the petitioner. Accordingly, the matter is remitted back to the Family Court to decide the application afresh by providing reasonable opportunity to the petitioner to file objections to the application and argue the matter on merits. The Family Court shall decide the matter by way of a speaking order, on providing opportunity to both the parties. 7. At this stage, Smt. Lakshmi Iyengar, learned senior counsel appearing for the petitioner submits that the matter is of the year 2021 and it is at the stage of recording of evidence of the petitioner and therefore, she seeks for a direction to the learned Judge of the Family Court for expeditious disposal. 8. Considering the provisions of Section 21B(1) & (2) of the Hindu Marriage Act, 1955, this Court deems it appropriate - 5 - NC: 2025:KHC:7798 WP No. 23336 of 2023 to direct the Family Court to dispose of the matter as expeditiously as possible. 9. Accordingly, I pass the following: O R D E R i) Petition is allowed. ii) The impugned order dated 21.9.203 passed by the VI Addl. Prl. Judge, Family Court, Bengaluru on I.A. No.V in M.C. No.488/2021 is hereby set aside. iii) The matter is remitted back to the Family Court for adjudication of I.A. No.V afresh by providing an opportunity to the petitioner to file objections to the said application. iv) The trial Court shall dispose of the matter as expeditiously as possible, of course by providing sufficient opportunity to both the parties to adduce evidence. v) Parties shall cooperate for early disposal of the matter. - 6 - NC: 2025:KHC:7798 WP No. 23336 of 2023 vi) The Family Court is at liberty to impose costs on either side for unnecessary adjournments. vii) It is made clear that this Court has not expressed any opinion on merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 55