- 1 - HC-KAR NC: 2025:KHC:43674 WP No. 30490 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 30490 OF 2025 (GM-FC) BETWEEN: G.ASHOK KUMAR S/O G SIVA RAJU, AGE 33 YEARS, R/A SVS PATELS CALISTO, AMRUTAHALLI, BANGALORE- 560 092. …PETITIONER (BY SMT. POORNIMA H S., ADVOCATE) AND: SINDHUMANI S LATE SIDDAMALLAPPA, AGE ABOUT 31 YEARS, NO.1842, 17TH MAIN ROAD, 30TH B CROSS, BLOCK 5, STAGE 1, HBR LAYOUT, BENGALURU 560043 …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING AND SETTING ASIDE THE IMPUGNED ORDER DATED 16/07/2025 PASSED BY THE LEARNED VI ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN M.C. NO. 7743/2023 VIDE ANNEXURE A., AND ETC. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43674 WP No. 30490 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 I.A.No.4 and 5 dated 16.07.2025 in MC.No.7743/2023 by the VI Additional Principal Judge, Family Court, Bengaluru, the husband is before this Court. 2. The husband had filed MC.No.7743/2023 seeking divorce on the ground of cruelty. The wife had entered appearance on 09.02.2024. Thereafter, the matter has come up for objections on two occasions. The objections were not filed. On 29.01.2025 an order was passed that the objection to the main petition from the respondent side was taken as not filed and directed to call for the petitioner side evidence on 19.03.2025. On 19.03.2025 the petitioner was present. The respondent was absent. The petitioner side have filed one document. The petitioner was examined as PW.1 and Ex.P.1 to Ex.P.5 were got marked. For further chief of PW.1 directed to - 3 - HC-KAR NC: 2025:KHC:43674 WP No. 30490 of 2025 call on 11.06.2025. I.A.No.3 is filed under Order VII Rule 14 of CPC seeking permission to file the additional documents. The I.A was allowed and the documents were taken on record. PW.1 was further examined and Ex.P.6 to Ex.P.15 were got marked. The Family Court has closed the petitioner side evidence. Thereafter, respondent side has filed I.A.Nos.4 and 5 under Section 151 CPC seeking permission to file their side objection statement to the main petition. The Family Court has allowed the application and observing that the case was posted for argument and it was necessary to afford maximum opportunity to the parties. Hence, the I.A was allowed and objection statement to the main petition from the respondent side was taken on record and along with that they have filed a counter claim seeking restitution of conjugal rights. The respondent side have filed I.A.No.6 under Section 151 of CPC seeking deletion of allegations. The Family Court had adjourned the matter to 20.08.2025 for rejoinder if any from the petitioner side to the counter claim and objection to I.A.No.6. - 4 - HC-KAR NC: 2025:KHC:43674 WP No. 30490 of 2025 3. Learned counsel appearing for the petitioner/husband submits that the wife was not diligent in prosecuting the matter and when the matter is posted for arguments, the present application came to be filed. It is submitted that the Family Court has not given any opportunity to the petitioner to contest the said I.A. Now, the wife has also sought for counter claim. It is submitted that only with the intention to harass the petitioner and to drag the proceedings this counter claim is filed. The Family Court ought not to have allowed the I.A.Nos.4 and 5. It is submitted that the order impugned needs to be set-aside. 4. This Court has perused the order. No doubt there are lapses on the part of the respondent in filing the objections. The dispute between the parties can be adjudicated in a better way by the Court if the complete pleadings are before the Court. Considering this aspect, the Family Court has allowed the I.A. In these circumstances, this Court do not find any reasons to interfere with the order impugned. However, it is made clear that the Family Court shall not permit the - 5 - HC-KAR NC: 2025:KHC:43674 WP No. 30490 of 2025 respondent/wife to drag on the matter and shall not grant unnecessary adjournments. Accordingly, the writ petition is disposed of. All I.As pending shall also stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 4