- 1 - NC: 2025:KHC-D:3778 WP No. 100275 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100275 OF 2025 (GM-FC) BETWEEN: DR. DEEPAK S/O. RAMADAS, AGE: 38 YEARS, OCC: PROFESSOR, DEPARTMENT OF ANESTHESIA, R/O. 12/15, 1ST FLOOR, SUBRAMANYA SWAMYNAGAR, VALASARAVAKKAM, CHENNAI, TAMILNADU-600087, OFFICE AT ESIC HOSPITAL, KK. NAGAR, CHENNAI AND ALSO AT @ 750, 7TH A MAIN HRBR LAYOUT, 1ST BLOCK, BENGALURU-560043. …PETITIONER (BY SRI. SUNITHA P. KALASOOR, ADVOCATE) AND: SMT. VIDYA W/O. DEEPAK RAMDAS, AGE: 32 YEARS, OCC: HOUSEHOLD WORK, R/O. R.V. SHETTY CHAWL, TABIB LAND, HUBBALLI-580020. …RESPONDENT (BY SRI. MAHESH WODEYAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 08.01.2025 PASSED BY THE LEARNED I ADDL. PRL. JUDGE FAMILY COURT, HUBBALLI, IN MC NO.497/2023 ON I.A.NO.12 FILED UNDER ORDER 16 RULE 6 R/W 151 OF CPC PRODUCED AT ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3778 WP No. 100275 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following relief: a) Issue a Writ or order in the nature of certiorari to quash the order dated 08.01.2025 passed by the learned I Addl. Prl. Judge Family Court, Hubballi, in MC No.497/2023 on I.A.No.12 filed under order 16 Rule 6 r/w 151 of CPC produced at Annexure- F. b) Any such other order/s as this Hon’ble Court deems fit on the facts and circumstances of the case. 2. Respondent had filed a proceedings under Section 13(1)(ia) of the Hindu Marriage Act in MC.No.497/2023. The petitioner-husband had filed an application under Order XVI Rule 6 of the CPC for summoning of certain documents from the employer of the petitioner-wife. The said application came to be dismissed vide order dated 08.01.2025 since the application had been filed at the stage of final arguments. It is challenging the same, the petitioner is before this Court. 3. Learned counsel for the respondent-husband submits that due to the order of stay which had been passed, - 3 - NC: 2025:KHC-D:3778 WP No. 100275 of 2025 the proceedings before the trial Court has been stopped, as such the respondent has no objection to allowing the writ petition and thereby allowing the application filed under order XVI Rule 6 of the CPC. His submission is placed on record. An affidavit of respondent also has been filed in this regard. In that view of the matter, I pass the following : ORDER (i) Writ petition is allowed. (ii) Writ of certiorari is issued. The order dated 08.01.2025 passed by the I Additional Principal Judge, Family Court, Hubballi in MC.No.497/2023 on I.A.No.12 filed under Order XVI rule 6 of CPC is set aside. Consequently, I.A.No.12 is allowed. Formal order of summons is directed to be issued by the trial Court in terms of the above order. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 2 Sl No.: 43