- 1 - HC-KAR NC: 2025:KHC:44562 WP No. 31793 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 31793 OF 2025 (GM-FC) BETWEEN: DIPAK THAKUR AGED 56 YEARS, 152, 2ND FLOOR, DEFENCE ENCLAVE, GEDLAHALLI BANGALORE-560077 …PETITIONER (BY SRI. DIPAK THAKUR., PARTY-IN-PERSON) AND: SUNITA THAKUR AGE 53 YEARS 152, 1ST FLOOR, DEFENCE ENCLAVE, GEDLAHALLI BANGALORE-560077 …RESPONDENT Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44562 WP No. 31793 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IA 12 ORDER, PASSED BY THE FAMILY COURT IN ITS SELF-ADMITTED STATE OF CONFUSION, AND RESPONDENT BE ORDERED TO RETURN THE FRAUDULENTLY TAKEN RS 4,80,000 IN THE INTERIM. GRANT A STAY ON THE IA 12 ORDER AND FRAUDULENTLY OBTAINED MAINTENANCE.BESIDES, AS MY PETITION IN FAMILY COURT IS CLOSE TO ENTERING 6TH CALENDAR YEAR, DESPITE TWO ORDERS BY RESPECTIVE HON'BLE JUSTICES OF THIS HIGH COURT TO EXPEDITE AND DISPOSE IT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:44562 WP No. 31793 of 2025 ORAL ORDER Aggrieved by the order passed in I.A.No.12 in M.C.No.5860/2021 dated 20.09.2025 by the IV Additional Principal Judge, Family Court, Bengaluru, the petitioner/party- in-person is before this Court. 2. I.A.No.12 was filed by the petitioner/party-in-person under Order VI Rules 10, 16 a, b & c, 17, Section 151 of CPC read with Section 24, 25 & 27 of the Hindu Marriage Act seeking addendum for aiding the determination of the real questions of frauds in controversy. In the addendum, he has prayed for reinstating the just order dated 08.08.2023 that had dismissed the fraudulent I.A.Nos.3 & 4, subjecting the respondent team to a deterrence cost to caution them against future misadventures, returning the money misappropriated till date by fraud, fast tracking this 2021 case for threat of life and limbs to petitioner and his children by brutally violent respondent of a Mafioso family of convicted murderers and narcotics peddlers. 3. On 08.08.2023, the Family Court had passed the following order: - 4 - HC-KAR NC: 2025:KHC:44562 WP No. 31793 of 2025 "Both parties and both counsels present. Objections to IA No.4 filed on behalf of petitioner. Affidavit for disclosure of assets and liabilities on behalf of petitioner already filed. On perusal of the order sheet it makes out so far applicant/respondent had not filed affidavit for disclosure of assets and liabilities either in connection to IA No.3 or 4. Hence scheduled for petitioner's evidence by 22.09.2023." 4. Later, the statement of assets and liabilities were filed by the respondent. It is the case of the party-in-person that the respondent/wife and her advocate were making false submissions before the Family Court and they are continuously dragging on the matter, playing the delaying tactics and playing fraud before the Family Court and they have made mockery of the judicial process undermining the dignity of the Court and the rule of law. The abuse of process of Court to disrupt the orderly administration of justice pushed the authority and reputation of law into disrespect, disregard and also undermined the just rights of the petitioner. The tactics and misrepresentation that are made by the respondent made the party-in-person to come up with this application. 5. The Family Court had dismissed the I.A.No.12 filed by the petitioner. While dismissing the application, the Family - 5 - HC-KAR NC: 2025:KHC:44562 WP No. 31793 of 2025 Court had observed that I.A.No.12 was filed by the petitioner/party-in-person under Order VI Rules 10, 16 a, b & c, 17, Section 151 of CPC read with Section 24, 25 & 27 of the Hindu Marriage Act and on going through the application filed by the petitioner/party-in-person, the Court is confused about what he intends to convey to the Court. He has made several allegations against the respondent regarding the contents of the applications, objections, affidavits especially about the adjournments sought by the respondent and her counsel. It also appears that the petitioner/party-in-person has also made allegations against the counsel for the respondent and specifically alleged about the misconduct of the counsel for the respondent as highly suspicious, unprofessional, deserving to be deprecated as it slides the noble legal profession into disrepute eroding the trust of the Courts and the public in the practicing professionals. The Family Court had observed that if the petitioner finds fault with such conduct of the respondent and her advocate, he may approach proper forum making such allegations. It was also alleged that the respondent and her counsel connived and mislead the Court and got the order dated 08.08.2023 recalled. - 6 - HC-KAR NC: 2025:KHC:44562 WP No. 31793 of 2025 6. The Family Court had observed that the Court had already passed appropriate order considering the facts and circumstances of the case in accordance with law by keeping in mind justice and equity. The Family Court will be having thousands of cases and if the Court goes word by word in letter and spirit and if the courts give importance to such minor mistakes of the parties and counsels, it would not be possible to give reliefs and justice to the parties in time. If at all the counsel for respondent has taken several adjournments as mentioned in the application, the said act cannot be held as playing fraud on the Court. These aspects cannot be held as grave mistakes of the parties and their counsels which happens in every case before all the courts. At the same time, counsels and parties should not take unnecessary adjournments which would cause harassment to the other side. If the Court finds any unprofessional and misconduct of the counsels and the parties, the Court will definitely take appropriate action in accordance with law. 7. The main allegation of the petitioner in this case is regarding taking multiple adjournments, recall of order dated - 7 - HC-KAR NC: 2025:KHC:44562 WP No. 31793 of 2025 08.08.2023, submission by the respondent regarding non-filing of assets and liabilities could not be held as playing fraud on the Court. At the same time, it is important to note here that the High Court of Karnataka directed to dispose of the matter expeditiously by providing reasonable opportunities to both the parties to put forth their case and in case if any unnecessary adjournments sought for by the parties, the Family Court is at liberty to impose exemplary costs. If the petitioner is having any life threat by the respondent, he can seek police protection and even order from the Court. Accordingly, the application was dismissed by the Family Court. 8. The petition that is filed by the party-in-person deserves no consideration from this Court. If at all the petitioner/party-in-person wants a speedy disposal from the Court, he should not come up with these kinds of applications and the petitions that are filed seeking recall of the order dated 08.08.2023, when an order is already recalled and that order is not questioned, filing this kind of frivolous petition before this Court is pure abuse of process of law and the Family Court had rightly dismissed the petition and this Court finds no reason to - 8 - HC-KAR NC: 2025:KHC:44562 WP No. 31793 of 2025 interfere with the well considered order passed by the Family Court. Hence, this Court deems it appropriate to pass the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. Sd/- _________________________ JUSTICE LALITHA KANNEGANTI MEG List No.: 1 Sl No.: 10