- 1 - HC-KAR NC: 2025:KHC:39163-DB CCC No. 347 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K CIVIL CONTEMPT PETITION NO. 347 OF 2024 BETWEEN MRS. M.S.PRAVEENA LAKSHMY AGED ABOUT 39 YEARS, W/O M.S. SENTHILNATHAN, RESIDING AT NO.104, VINYAS RENAISSANCE, UNIVERSITY ROAD, NAGARBHAVI, BANGALORE - 560 072 ...COMPLAINANT (BY SMT. M.S. PRAVEENA LAKSHMY - PARTY IN PERSON) AND M.S. SENTHILNATHAN AGED ABOUT 45 YEARS, RESIDING & WORKING AT C/O THE PRINCIPAL JINDAL INSTITUTE OF MEDICAL SCIENCES (JIMS) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39163-DB CCC No. 347 of 2024 4PJV+8V4, UNNAMED ROAD, MAHAVIR COLONY NEW MODEL TOWN EXTENSION NEW MODEL TOWN, HISAR, HARYANA-125 011 …ACCUSED THIS CCC IS FILED UNDER SECTIONS 10 AND 12 OF THE CONTEMPT OF COURTS ACT, R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF THE OFFENCE COMMITTED BY THE ACCUSED HUSBAND FOR DISOBEYING AND BREACHING THE UNDERTAKING IN MEMO DATED 2.9.14 IN MC NO.2744/09 AND ORDERS DATED 2.9.14 IN MC NO.2744/09 BY FILING A FRESH PETITION OF DIVORCE IN MC NO.4169/23 BEFORE THE VERY SAME COURT AND ON THE SAME GROUNDS IN THE HON'BLE 1ST ADDITIONAL PRINCIPAL JUDGE OF THE FAMILY COURT, BANGALORE. THIS PETITION HAVING BEEN RESERVED FOR ORDERS ON 25.09.2025 COMING ON FOR PRONOUNCEMENT THIS DAY, RAJESH RAI K, J., MADE THE FOLLOWING: CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE RAJESH RAI - 3 - HC-KAR NC: 2025:KHC:39163-DB CCC No. 347 of 2024 CAV JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K) This contempt is initiated for the willful disobedience of the order dated 02.09.2014 passed in MC.No.2744/2009 by the I Additional Family Judge, Family Court, Bengaluru (for brevity, "the Family Court"). 2. The case of the complainant is that MC.No.525/2008 was filed for restitution of conjugal rights by the complainant-wife and M.C.No.2744/2009 was filed by the accused-husband for divorce. Subsequently, the parties mutually agreed to reconcile and arrived at an amicable settlement of their matrimonial disputes and filed a memo dated 02.09.2014 in MC.No.2744/2009 by the parties agreeing unconditionally to withdraw the said case without any liberty to file a fresh petition on the same ground narrated in the said case in future. 3. The complainant - party-in-person contends that after reconciliation and after withdrawing the aforesaid matrimonial cases, in violation of the aforesaid - 4 - HC-KAR NC: 2025:KHC:39163-DB CCC No. 347 of 2024 memo, the accused has now filed MC.No.4169/2023 before the very same Court and on the same grounds. Thus, the accused has willfully breached the memo filed as aforesaid and hence, she has filed this contempt. 4. As could be gathered from records, the matrimonial dispute between the complaint and accused has been amicably settled in the year 2014 and a memo has been filed by the accused-husband to unconditionally withdraw MC.No.2744/2009 without liberty to file a fresh petition on the same grounds. Now that after a lapse of a decade the accused has filed MC.No.4169/2023 under the provisions of Section 13-1(ia)(ib) of Hindu Marriage Act for grant of decree of divorce by alleging cruelty subsequently. The complainant appeared in the said case and filed her statement of objections. In such circumstances, we are of the view that the complainant is at liberty to urge all her contentions before the Family Court in MC.No.4169/2023. - 5 - HC-KAR NC: 2025:KHC:39163-DB CCC No. 347 of 2024 5. In our considered view, there is no such willful disobedience by the accused as alleged by the complainant in the facts and circumstances of the case. 6. In that view of the matter, the contempt proceeding is dropped reserving liberty to the complainant to urge her contention before the Family Court. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE PKS List No.: 11 Sl No.: 1