- 1 - HC-KAR NC: 2025:KHC:30314 WP No. 10057 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10057 OF 2023 (GM-FC) BETWEEN: 1. SMT SUMA W/O UMENDRA, D/O NARASEGOWDA, AGED ABOUT 33 YEARS, R/AT NO.561, 3RD STAGE, 4TH MAIN, KESARE, MYSURU-570007 …PETITIONER (BY SRI. NANJUNDA SWAMY N.,ADVOCATE) AND: 1. SRI UMENDRA S/O CHIKKAHANUMEGOWDA, AGED ABOUT 38 YEARS, R/AT KAMANAKEREHUNDI VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU-570019 …RESPONDENT (BY SRI. AKARSH KUMAR GOWDA., ADVOCATE) THIS WRIT PETITION FILED PRAYING FOR DIRECTION TO QUASH THE ORDER DATED 24.01.23, PASSED ON IA NO. 8, BY THE PRL.II ADDL. FAMILY COURT, MYSURU, IN M.C.NO.468/2021 VIDE ANNEXURE-G AND DIRECTING THE COMMISSIONER OF THE POLICE MYSURU CITY, MYSURU TO CONDUCT AN INVESTIGATION RESPONDENT WITH ONE SMT. ANITHA D/O LOKESH RESIDENT OF SRINIVASA AGRAHARA VILLAGE, SRIRANGAPATTANA TALUK, IN Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30314 WP No. 10057 of 2023 TEMPLE AT T.NARASIPURA TOWN, MYSURU DISTRICT AND GRANT AN INTERIM ORDER TO STAY ALL THE FURTHER PROCEEDINGS OF PRL. II ADDL. FAMILY COURT MYSURU, IN M.C NO. 468/2021. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.8 in MC.No.468/2021 dated 24.01.2023 whereby the Court has dismissed an application filed by the wife under Section 151 of CPC seeking an order to call for the report from the Commissioner of Police, Mysuru City, Mysuru regarding the second marriage of the husband with one Anitha, the wife is before this Court. 2. The husband has filed MC.No.468/2021 seeking decree of divorce and the matter is posted for the evidence of the wife. At that stage, the wife had come up with the application seeking a direction to call for the report of the Commissioner of Police, Mysuru City, Mysuru in respect of a complaint lodged by her against the husband on 20.06.2020 where she has complained about the second marriage of the husband with one Anitha. - 3 - HC-KAR NC: 2025:KHC:30314 WP No. 10057 of 2023 3. It is the case of the wife that the report in question regarding the second marriage of the husband is very much essential for the effective adjudication of the divorce petition. She has given a complaint on 20.06.2020 to the Women P.S Mysuru by alleging that the husband has contracted second marriage with one Anitha during the pendency of MC.No.399/2019 which is filed by the husband seeking decree for restitution of conjugal rights. Both the parties have produced the copy of the said complaint and got it marked as per Ex.P17 and Ex.R17 respectively. The Family Court has dismissed the application observing that it is not the case of the wife that the concerned police have conducted investigation on the basis of the complaint in question and submitted a report either to the jurisdictional court or to their higher official. If that being so, the question of directing the Commissioner of Police, Mysuru City, Mysuru to produce the report in connection with a complaint lodged before a Sub-Ordinate official does not arise at all. That apart, if really the jurisdictional police have submitted any report to the concerned Court, after concluding investigation, then the wife who is the complainant can very well obtain the certified copy of the said report and produce the - 4 - HC-KAR NC: 2025:KHC:30314 WP No. 10057 of 2023 same before the Court. On that count also, the present application seeking issuance of direction to the Commissioner of Police, Mysuru City, Mysuru to produce the report, the existence of which itself is not certain, does not arise. 4. Then the Family Court also observed that it is the case of the wife that the husband has contracted the second marriage. The burden lies on the wife to prove the same and she has to substantiate the said defence by producing the cogent material. The report to the police officials is not a relevant piece of evidence to prove the contention of bigamy. Therefore, the Family Court held that this application is not necessary and accordingly dismissed the same. 5. Learned counsel appearing for the petitioner submits that when the husband had filed a petition for restitution of conjugal right and during the pendency of the restitution the husband had contracted a second marriage and in the said relation they have a child which clearly shows that husband has committed bigamy and in that regard a police complaint is given. Police have not taken any action and they have not done any investigation. In view of the same they have filed - 5 - HC-KAR NC: 2025:KHC:30314 WP No. 10057 of 2023 this application seeking a direction to the police to conduct the investigation and place a report before the Court. The issue of bigamy is an important factor in this case and if this application is allowed, the entire facts will come on record and it would be in the interest of the wife. If the Court dismisses this application, it would cause lot of hardship to the wife. 6. There is no representation on behalf of the respondent. 7. Having heard the learned counsel for the petitioner and perused the entire material on record. The husband has filed the petition seeking divorce. The matter is posted for the evidence of the wife. At that point of time she has come up with this application. According to her she has given a complaint to the police saying that her husband has contracted second marriage and he has committed an act of bigamy and she wanted the police to conduct the investigation. Admittedly, police have not conducted the investigation. Then she has filed a petition before this Court seeking a direction to the police to complete the investigation and place a report before the Court. When a complaint is given to the police and the police are not acting on the said complaint, there is a remedy to the - 6 - HC-KAR NC: 2025:KHC:30314 WP No. 10057 of 2023 complainant to file a private complaint. Alternatively, in some cases, filing a writ petition before the High Court seeking a direction to the police. When the remedy is available to the party, the party has to avail the said remedy. A Family Court dealing with the MC seeking divorce has no business to direct the police to conduct the investigation that is outside the jurisdiction of the powers vested with the Family Court. Then as rightly observed by the court, if the police have conducted the investigation and they have filed a report closing the complaint or they have filed a charge sheet, in both the cases the complainant would be getting a copy of it and the same would be filed before the Court. The Court cannot direct the police to conduct the investigation and file a report. The Family Court had rightly considered all these aspects and dismissed the application. 8. In the considered opinion of this Court, the Family Court had rightly considered the application that is filed and dismissed the same and this Court finds no reason to interfere. Hence, this Court is passing the following: - 7 - HC-KAR NC: 2025:KHC:30314 WP No. 10057 of 2023 ORDER i) Accordingly, the writ petition is dismissed. ii) All I.As. in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 10