Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16235 WP No. 102957 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102957 OF 2025 (GM-FC) BETWEEN:
PRAMOD S/O MALLIKARJUN KUMBAR AGE. 32 YEARS, OCC. PRIVATE JOB, R/O. ITAGI CROSS, HOSA KADAROLLI, TQ. KITTUR, DIST. BELAGAVI PIN-591153. &PETITIONER (BY SRI. VIJAYKUMAR B. HORATTI, ADVOCATE)
AND:
SMT. POOJA W/O. PRAMOD KUMBAR D/O. NEELAKANT S/O. RUDRAPPA BARAGI, AGE. 31 YEARS, OCC. PRIVATE JOB, R/O. RAMPUR, TQ. RABAKAVI-BANAHATTI, PIN-587314. &RESPONDENT
(SMT. POOJA W/O. PRAMOD KUMBAR-PARTY IN PERSON)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER PASSED IN MC NO. 76/2022 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, BANAHATTI, ON I.A. NO. 1 AND 2 DT. 22/2/2025 PRODUCED VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:16235 WP No. 102957 of 2025
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer: a. <To issue a writ in the nature of certiorari by quashing the impugned order passed in MC No.76/2022 pending on the file of Senior Civil Judge and JMFC, Banahatti, on I.A. No. 1 and 2 dt. 22/2/2025 produced vide Annexure-F, in the interest of justice and equity. b. To pass any other order, direction as deemed fit in the circumstances of the case.=
2. The petitioner is the husband and the respondent is the wife. The two were married on 17.10.2019. It transpires that the relationship between the husband and the wife has floundered. Upon the breakdown of the relationship, the parties are before the concerned Family Court in M.C. No.76/2022. The issue in the present lis does not pertain to the merits of the matter pending before the concerned Court. Before the said Court, the wife has filed two applications i.e, one seeking return of documents and the other seeking maintenance. Both
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HC-KAR NC: 2025:KHC-D:16235 WP No. 102957 of 2025
applications have been allowed, and therefore, the petitioner3 husband is before this Court.
3. This Court, while granting an interim order of stay, had directed the petitioner to deposit 50% of the arrears. 4. Learned counsel for the petitioner submits that a sum of Rs.1,44,000/- has been deposited before the concerned Court. Therefore, the wife, who has appeared in person, is entitled to withdraw the entire amount lying in deposit before the concerned Court. 5. The registry of the concerned Court shall transmit the said amount to the respondent3wife after due verification, without causing any delay. 6. Insofar as the petition is concerned, the matrimonial case has been pending before the concerned Court for close to three and a half years. Therefore, I deem it appropriate to infuse finality into the proceedings. 7. In that light, the concerned Court shall endeavour to conclude M.C. No.76/2022 within an outer limit of three months from the date of receipt of a copy of this order. - 4 -
HC-KAR NC: 2025:KHC-D:16235 WP No. 102957 of 2025
8. With the aforesaid observations, and without interfering with the impugned order, the petition stands disposed of. Sd/- (M.NAGAPRASANNA) JUDGE
AC CT:ANB List No.: 1 Sl No.: 200