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2025 DAILYLAW 34776 (KAR)

M PURUSHOTHAM v. STATE OF KARNATAKA

WP/30475/2024 · 2025-01-22

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:2566 WP No. 30475 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 30475 OF 2024 (KLR-RES) BETWEEN: M PURUSHOTHAM, S/O LATE B MUNISWAMY, AGED ABOUT 64 YEARS, R/AT NO.122, NEAR SHIVA TEMPLE, YAMALURU, MARATHAHALLI, BENGALURU-560 037. …PETITIONER (BY SRI SHILPA RANI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU-560 001. 2. THE TAHSILDAR, NADA KACHERI, VARTHURU HOBLI, BENGALURU EAST TALUK, BANGALORE-560 087. …RESPONDENTS (BY SMT. B.P RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA CODE OF CIVIL PROCEDURE PRAYING TO QUASH THE ORDER/ENDORSEMENT DATED 31.07.2024 AND 05.08.2024 PASSED BY THE RESPONDENT-2 Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2566 WP No. 30475 of 2024 TAHSILDAR, NADAKACHERI, VARTHURU, BENGALURU AS PER ANENXURE-K AND K1 SERIES ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, the petitioner is seeking directions at the hands of this court to direct the respondent no.2 - Tahsildar to issue Family Tree/ Genealogical Tree. 2. Learned AGA referring to Annexure-K has brought to the notice of the court that the petitioner has two wives and there is dispute as to who is the legally wedded wife. 3. In light of the ongoing dispute regarding the claim that both parties are legally wedded wives, this Court is of the considered opinion that the authority vested in Respondent No.2, the Tahsildar, does not extend to adjudicating or determining the marital status of the individuals involved. The jurisdiction of the Tahsildar is - 3 - NC: 2025:KHC:2566 WP No. 30475 of 2024 administrative in nature and does not encompass the authority to record evidence, evaluate matrimonial relationships, or resolve contested claims of legal marriage. The determination of such intricate personal and legal relationships falls squarely within the domain of judicial forums with appropriate jurisdiction. 4. In view of the above, this Court deems it appropriate and necessary to direct the petitioner to seek relief by approaching the competent civil court/Family court. Matters involving disputed claims regarding the status of legally wedded spouses demand a comprehensive judicial inquiry, allowing all concerned parties the opportunity to present their evidence, arguments, and legal standing. By relegating the matter to the civil court, the individuals claiming to be the legally wedded wives will have a fair and adequate opportunity to substantiate their claims in accordance with established legal procedures. - 4 - NC: 2025:KHC:2566 WP No. 30475 of 2024 5. With these observations, the petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NP List No.: 1 Sl No.: 9