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2025 DAILYLAW 54121 (KAR)

SRI PRITHAM RAJ P v. SMT. DEEKSHA K C

WP/20694/2025 · 2025-07-15

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26155 WP No. 20694 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20694 OF 2025 (GM-FC) BETWEEN: SRI. PRITHAM RAJ P. S/O. PRADEEP KUMAR AGED ABOUT 30 YEARS, R/AT NO. 47, 2nd FLOOR, RAJ JYOTHI, SYNDICATE BANK COLONY, NEAR KAMAKSHI PALYA POLICE STATION, VIJAYANAGARA, BANGALORE - 560 079 …PETITIONER (BY SRI. H. SUBRAMANYA JOIS, SR. COUNSEL FOR SRI. AAKASH Y. RAJ, ADVOCATE) AND: SMT. DEEKSHA K. C. W/O. PRITHAM RAJ, D/O. CHANDRAMOULI K. M. AGED ABOUT 28 YEARS, NO. 77-V, KIADB INDUSTRIAL AREA BELAWADI POST, HOOTAGALLI MYSORE - 570 018 …RESPONDENT THIS WP IS FILED UNDER ARTCILE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS INITIATED BY THE RESPONDENT IN M.C NO.482/2023, DATED 29.05.2023 ON THE FILE OF IT ADDITIONAL PRINCIPAL FAMILY COURT, UNDER SECTION 13 (1) (1-A) (I-B) OF THE HINDU MARRIAGE ACT, 1955, VIDE ANNEXURE C AND TO GRANT SUCH OTHER ORDER/S AS THIS HON'BLE COURT DEEMS FIT BY ALLOWING THE ACCOMPANYING PETITION IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26155 WP No. 20694 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 The present Writ Petition is filed seeking the following prayer: (i) Issue writ or order in the nature of certiorari quashing the proceedings initiated by the Respondent in M.C.No.482/2023 dated 29.05.2023 on the file of II Additional Principal Family Court, under Section 13(1) (i-a)(i-b) of the Hindu Marriage Act, 1955, vide Annexure - C and to grant such other order/s as this Hon'ble Court deems fit by allowing the accompanying petition in the interest of justice and equity. (ii) Pass such other order/s as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice and equity. 2. Sri. H. Subramanya Jois, learned Senior Counsel appearing for the petitioner submits that the marriage has taken place on 17.01.2021 and the wife had filed the M.C. on 29.05.2023 i.e. M.C. No. 482/2023 before the Family Court at Mysore seeking divorce. Initially, she sought for divorce and thereafter, she has amended the prayer and sought for the alimony of an amount of Rs.5,00,00,000/- (Rupees Five Crores - 3 - HC-KAR NC: 2025:KHC:26155 WP No. 20694 of 2025 only). Thereafter, on 29.08.2023, she has filed Crl.Misc. No.725/2023 seeking maintenance. On 24.11.2023, she has filed a petition under the Domestic Violence Act that is numbered as Crl.Misc.No.96/2023. Then a complaint was registered on 29.12.2023 before the Women Police Station, Mysore for dowry harassment i.e., Crime No. 212/2023 and the charge sheet is filed in C.C.No.229/2024. Then on 03.05.2025, the husband had filed a complaint against the wife and others for the illegal relationship with many persons along with proof such as videos, photos, audio clippings, emails, WhatsApp chats along with other proofs in P.C.R. No.5021/2025 on the file of the 24th ACMM, Bangalore, which is now registered as Crime No. 218/2025 by the Kamakshipalya Police Station for offences under Sections 84, 88, 115, 118, 119, 131, 216, 238, 248, 329, 351, 352 and 3(5) of the BNS, 2023. It is submitted by the learned Senior Counsel that it is nothing but a pure abuse of process of law and in fact, the husband also wants the divorce, but as far as claiming exorbitant amounts by filing different applications, is a pure abuse of process of law and as such, this Court has to interfere with the same and quash the - 4 - HC-KAR NC: 2025:KHC:26155 WP No. 20694 of 2025 relief as far as claiming of an amount of Rs.5,00,00,000/- (Rupees Five Crores only) is concerned. 3. This Court has heard the learned Senior counsel appearing for the petitioner and also perused the material on record. First and foremost, the relief as prayed for by the petitioner seeking to quash the M.C. by this Court, while exercising the jurisdiction under Article 227 of the Constitution of India, is not maintainable. Whatever are the reasons, this Court cannot decide that a particular petition is a frivolous petition. This Court is exercising the Supervisory Jurisdiction. In those circumstances, the relief that is sought by the petitioner cannot be granted. If any other provision of law permits him to seek such relief, if so advised, it is for the petitioner to avail the remedy. Accordingly, this Court is passing the following: ORDER (i) The Writ Petition is dismissed. (ii) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA, List No.: 1 Sl No.: 33