- 1 - HC-KAR NC: 2025:KHC:40657 WP No. 22974 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 22974 OF 2025 (GM-FC) BETWEEN: SHALINI KOSHY, D/O. LATE K. KOSHY, AGED ABOUT 48 YEARS, R/AT NO. B5-1502, THE WORLD SPA WEST, SECTOR-30/41, GURGAON-122 001. …PETITIONER (BY SRI. ARUN GOVINDRAJ, ADVOCATE) AND: ASHISH KUMAR SHARMA, S/O. LATE F.C. SHARMA, AGED ABOUT 46 YEARS, R/AT. NO. M-706, BRIGADE GATEWAY, DR. RAJKUMAR ROAD, MALLESWARAM, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40657 WP No. 22974 of 2025 BANGALORE-560 055. …RESPONDENT (BY SRI. JAYNA KOTHARI, SENIOR COUNSEL FOR SRI.HIRAN KRISHNASWAMY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, TO QUASH THE ORDER OF THE FAMILY COURT DATED 23.07.2025 IN O.S.NO.320/2025 BY THE HONBLE IV ADDL. PRL. JUDGE, FAMILY COURT, BANGALORE ON I.A.NO.2 INSOFAR AS IT DECLINES TO GRANT EX PARTE STAY (ANNEXURE-A). 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:40657 WP No. 22974 of 2025 ORAL ORDER Aggrieved by the order passed in I.A.No.2 in O.S.No.320/2025 dated 23.07.2025 by the IV Addl. Principal Judge, Family court, Bengaluru, whereby the Family Court had issued emergent notice on I.A.No.2 to the defendant/father, the plaintiff/mother is before this Court. 2. The parties are referred to as father and mother for the sake of convenience. 3. It is the case that the petitioner herein, who is the plaintiff before the Family Court had filed the suit to declare the judgment and decree dated 01.10.2021 passed by the IV Addl. Principal Judge, Family court, Bengaluru in M.C.No.1761/2021 under the provisions of the Special Marriages Act, 1954 as null and void and the marriage solemnized on 24.02.2010 between the plaintiff and the defendant in accordance with Hindu rites and ceremonies, as null and void. Along with the suit the mother had filed an application seeking to stay the operation and execution of judgment dated 01.10.2021 in M.C.No.1761/2021 and the Family Court had issued emergent notice and suit summons to the defendant/father. - 4 - HC-KAR NC: 2025:KHC:40657 WP No. 22974 of 2025 4. Learned counsel appearing for the petitioner/mother submits that the child wants to live with the mother and visit the father, but as per the compromise decree the child has to live with the father and visit the mother. In those circumstances, the petitioner/mother wanted a clarification of the said judgment as the wife is a Christian and the husband is a Hindu and the marriage is solemnized as per the Hindu customs and rites. The decree of divorce that is granted under the Special Marriage Act is void and as such they were compelled to file O.S.No.320/2025. It is the submitted that even after the judgment and decree, the custody continued with the mother and the father was having the visitation. It is submitted that now the mother is remarried and she has been relocated to Delhi and the boy wants to live with the mother in Delhi. In those circumstances, the suit is filed and she had sought for stay of operation of the judgment in M.C. No.1761/2021. It is submitted that as the father is a Punjabi and they celebrate the Diwali Festival, the mother has already communicated to the father that she will come and drop the child for the Diwali festival and again she will pick him up. - 5 - HC-KAR NC: 2025:KHC:40657 WP No. 22974 of 2025 5. Learned Senior Counsel appearing for the respondent/ father submits that the judgment and decree cannot be stayed. The Family Court had issued emergent notice to the party, against that a writ petition is not maintainable. It is further submitted that although the boy was with the father and recently he had been to Delhi and the mother had sent a mail stating that the boy is interested to stay with the mother. It is further submitted that the writ petition needs to be dismissed as it is not maintainable. It is submitted that as the mother has violated the orders of the Family Court, they have filed the contempt. 6. Having heard the learned counsels on either side, perused the material on record. The writ petition is filed questioning the issuance of emergent notice, but not granting any interim order in an I.A. that is filed seeking stay. When the judgment and decree is passed in the year 2021 and basing on an application filed by the party, the Family Court had rightly not granted the stay and issued emergent notice to the defendant/father. Now, both the parties have appeared before this Court. In those circumstances, the Family Court can decide - 6 - HC-KAR NC: 2025:KHC:40657 WP No. 22974 of 2025 the application. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, this writ petition is disposed of by directing the Family Court to consider the I.A. on the merits of it without being influenced by any of the observations made by this in this court proceedings. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 21