- 1 - HC-KAR NC: 2025:KHC:38589 WP No. 902 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 902 OF 2025 (GM-FC) BETWEEN: SRI VINAY A.V., S/O A.V.VIJAYKUMAR AGED ABOUT 40 YEARS R/O DOOR NO.2334 NEAR ESHAWARA TEMPLE VIDYANAGAR-577 005 DAVANAGERE TALUK AND DISTRICT …PETITIONER (BY SRI. V.B.SIDDARAMAIAH, ADVOCATE) AND: SMT. ANUSHA D.S @ KAVYA W/O VINAY A.V. D/O D.E.SHIVASHANKAR AGED ABOUT 35 YEARS R/O DOOR NO.938/1 MYSURU MATADHA GALLI BASAVESHWARA NAGARA KAIPETE-577 004 DAVANAGERE TALUK AND DISTRICT …RESPONDENT (BY MS.MEENA JALAN, ADVOCATE FOR SRI. S.B.SRIKANTH, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 06.12.2024, PASSED ON IA NO.9, FILED BY THE PETITIONER UNDER ORDER 6 RULE 17 R/W. 151 OF CPC, PASSED BY THE JUDGE, FAMILY COURT, AT DAVANAGERE, REJECTING THE PRAYER FOR AMENDMENT OF STATEMENT OF OBJECTION, IN MC NO.112/2022, VIDE ANNEXURE-E. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38589 WP No. 902 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on I.A.No.9 under Order- 6 Rule 17 r/w Sec.151 of CPC in MC.No.112/2022 dated 06.12.2024 by the Judge, Family Court, Davanagere, the husband is before this Court. 2. Both the parties are referred to as husband and wife for the sake of convenience. 3. The respondent herein/wife had filed M.C.No.112/2022 seeking divorce on the ground of desertion and cruelty. The respondent/husband has filed his objection. After that, he has come up with the present application under Order 6 Rule 17 r/w Sec.151 of CPC seeking the amendment of plaint. In support of the I.A it is stated that he is very much attached to the son and he has performed pooja’s, birthdays and all these facts he want to state by amending the objections, that came to be dismissed by the Family Court observing that the proposed amendment is in respect of care taken by the husband of his father-in-law and mother-in-law and about the amount kept in the name of his - 3 - HC-KAR NC: 2025:KHC:38589 WP No. 902 of 2025 child and performance of birthday of the child. The proposed amendment does not touch anything about the allegations made by the wife against the husband. The wife has filed present MC under Sec.13(1)(i-a) of Hindu Marriage Act seeking decree of divorce on the ground of cruelty. The burden is on the wife to prove the harassment made by the husband. The proposed amendment is no way concerned with the harassment alleged by the wife. Therefore the proposed amendment is not necessary to decide the dispute between the wife and the husband. Already the matter is posted for cross-examination of PW-1. Examination of PW.1 is recorded on 19.07.2023. Till today husband has not cross-examined PW.1, the order sheet discloses that husband is prolonging the matter on one or other grounds. Therefore the proposed amendment is not necessary and accordingly dismissed the I.A. 4. Learned counsel appearing for the petitioner/husband submits that the proposed amendment is very much necessary for deciding the disputes between the parties and if the amendment is not allowed it would cause prejudice to the husband. - 4 - HC-KAR NC: 2025:KHC:38589 WP No. 902 of 2025 5. Learned counsel appearing for the respondent submits that the Family Court had rightly considered and rightly dismissed the application and there are no grounds to interfere. 6. Having heard the learned counsels on either side, perused the entire material on record. The respondent has filed the MC seeking divorce on the ground of desertion and cruelty. She has alleged certain grounds with regard to the cruelty and the husband has already filed his objection, now by way of this objection what he wants to prove has no nexus with the allegations that are made by the wife and right from 2023 till now the husband has failed to cross-examine the wife. The Family Court had observed what are the latches on the part of the husband in proceeding with the matter and it appears that only for delaying the proceedings this application is filed, that is all the more evident where the husband has sought for stay of all proceedings before this Court and basing on his I.A a Co- ordinate bench of this Court has stayed the proceedings and this order was passed on 01.02.2025. The impugned order is dated 07.01.2025 and from the last 7 months the proceedings are stayed. This Court do not find any reasons to interfere with - 5 - HC-KAR NC: 2025:KHC:38589 WP No. 902 of 2025 the order impugned where the Court had dismissed the application that is filed under Order 6 Rule 17 r/w Sec.151 of CPC as there are no merits in the said application. 7. In the light of above discussion, this court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 18