- 1 - HC-KAR NC: 2025:KHC:34963 WP No. 17822 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.17822 OF 2025 (GM-FC) BETWEEN: SMT. LALITHA R W/O. SRI. LOKESHA S., AGED ABOUT 32 YEARS, RESIDING AT SY.NO.19, 4TH MAIN ROAD, 3RD CROSS, DATTATHREYANAGAR, BANGALORE SOUTH TALUK, BSK III STAGE, BANGALORE-560085. …PETITIONER (BY SRI. KAMALESHWARA POOJARY, ADVOCATE) AND: SRI. LOKESHA S S/O. LATE SONAPPA AGED ABOUT 35 YEARS, RESIDING AT NO.10, MALLESHWARASWAMY TEMPLE ROAD, NAGANAYAKANAHALLI, MARASURU POST, ANEKAL TALUK, BANGALORE-562 106. …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUITON OF INDIA PRAYING TO SET ASIDE THE ORDERS ON MEMO FOR WITHDRAWAL DATED 17.03.2025 PASSED BY THE HON’BLE IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, BANGALORE IN M.C.NO.6155/2021 AS PER ANNEXURE-A AND CONSEQUENTLY TO DECREE THE PETITION FOR DIVORCE FILED BY THE RESPONDENT- HUSBAND AS PER ANNEXURE-B BY GRANTING THE DECREE OF DIVORCE AS HE PRAYED FOR AND ETC. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34963 WP No. 17822 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in M.C.No.6155/2021 dated 17.03.2025 by the IV Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court allowed the Memo by permitting the husband to withdraw the aforesaid MC by imposing cost of Rs.5,000/-, the wife is before this Court. 2. Learned counsel appearing for the petitioner/wife submits that the husband is pursuing the case for four years, now the husband has filed a memo to withdraw the same. The Family Court had permitted to withdraw the petition and learned counsel also argued on the merits of the matter with regard to the conduct of the husband and how the criminal cases are filed against him. It is submitted that under Article 227 of the Constitution of India, this Court has got inherent and extra-ordinary jurisdiction wherein the Court can interfere and pass orders, when there is pure abuse of process of the Court and this Court has jurisdiction to entertain the writ petition filed - 3 - HC-KAR NC: 2025:KHC:34963 WP No. 17822 of 2025 under Article 227 of the Constitution of India. It is submitted that application under Section 25 of Hindu Marriage Act that is filed, is pending. 3. Learned counsel appearing for the respondent/husband submits that the Family Court had considered the petition filed by the husband and it is his prerogative to pursue the matter or to withdraw the matter and had permitted him to withdraw the same and there are no reasons to interfere with the same. 4. Having heard the learned counsel on either side, perused the material on record. The writ petitions are filed before this Court under Article 227 of the Constitution of India against the interlocutory order passed by the Family Court. Whenever a final order is passed in respect of the Criminal Miscellaneous, the RPFC’s are filed before this Court, if it is a final order passed by the Family Court in the M.C., an appeal lies to the Division Bench of this Court. 5. In this case, by virtue of the order impugned, the MC filed by the husband is withdrawn, there is nothing pending before the Court and this cannot be treated an interlocutory - 4 - HC-KAR NC: 2025:KHC:34963 WP No. 17822 of 2025 order. Once it is a final judgment and decree, the writ petition is not maintainable. 6. Accordingly, this Court is passing the following: ORDER (i) Accordingly, the writ petition is dismissed as not maintainable before this court. Liberty is given to the petitioner to avail the appropriate remedy, if any, subject of the law of limitation. (ii) All pending interlocutory applications, if any, do not survive for consideration and the same stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SV List No.: 1 Sl No.: 17