- 1 - HC-KAR NC: 2025:KHC-D:10013 WP No. 105488 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105488 OF 2025 (GM-FC) BETWEEN: SMT. ANJALI W/O. AKASH MANAKUR, AGED ABOUT 30 YEARS, OCC. PRIVATE JOB, R/AT. MICHIGAN COMPOUND, NEAR NTTF, DHARWAD-580001. …PETITIONER (BY SRI. NAYANA KUMAR, ADVOCATE) AND: SHRI. AKASH S/O. SUNDAR MANAKUR AGED ABOUT 34 YEARS, OCC. PRIVATE WORK, GOD GRACE PLOT NO.14, 1ST FLOOR, 1ST CROSS, ORIENTAL SCHOOL, MILESHWAR NAGAR, GOKUL ROAD, HUBBALLI TALUK, DHARWAD DISTRICT-580030. …RESPONDENT THIS WP IS FILED UNDER ORDER 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO A. ISSUE WRIT OF CERTIORARI AND QUASH THE COMMON ORDER DATED 26-06- 2025 PASSED IN IA NO. 10/2023 AND IA NO. 11/2023 PRODUCED AT ANNEXURE-G BY THE HON BLE FAMILY COURT, DHARWAD IN THE INTEREST OF JUSTICE AND EQUITY. B. ISSUE WRIT OF MANDAMUS AND DIRECT THE HON’BLE FAMILY COURT, DHARWAD TO CONSIDER IN I.A. NO.10/2023 AND I.A. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10013 WP No. 105488 of 2025 NO.11/2023 ON MERITS AND PROVIDE OPPORTUNITY TO THE PETITIONER AND THE RESPONDENT TO FILE THEIR ASSETS AND LIABILITIES AND EXPEDITIOUSLY PASS AN ORDER ON I.A. NO. 10/2023 AND I.A. NO.11/2023 PRODUCED AT ANNEXURE-D AND E. C. PASS SUCH OTHER ORDERS AS THIS HON BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondent is dispensed with in view of the proposed order to be passed. 2. The petitioner is before this Court seeking for the following reliefs: A. Issue Writ of Certiorari and Quash the common order dated 26-06-2025 passed in IA No. 10/2023 and IA No. 11/2023 produced at ANNEXURE-G by the Hon’ble Family Court, Dharwad in the interest of justice and equity. B. Issue Writ of Mandamus and direct the Hon’ble Family Court, Dharwad to consider in I.A. No.10/2023 and I.A. No.11/2023 on merits and provide opportunity to the Petitioner and the Respondent to file their assets and liabilities and expeditiously pass an Order on I.A. No. 10/2023 and I.A. No.11/2023 produced at Annexure-D and E. - 3 - HC-KAR NC: 2025:KHC-D:10013 WP No. 105488 of 2025 C. Pass such other orders as this Hon’ble Court may deem fit in the facts and circumstances of the case. 3. The respondent had filed a petition for divorce under Section 10(x) of the Indian Divorce Act seeking divorce in MC No.102/2023. In the said proceedings, the petitioner was respondent and filed IA No.10/2023 seeking for maintenance and IA No.11/2023 seeking for litigation expenses. The said applications having been dismissed on the ground that the petitioner had not filed an affidavit of assets and liabilities, has also not produced the salary certificate since she is stated to be working as a teacher, dismissed both the applications. It is challenging the same, the petitioner is before this Court. 4. It is but required for the petitioner to have submitted an affidavit of assets and liabilities as mandated by the Hon'ble Apex Court in the case of Rajnesh vs. Neha and Others reported in (2021) 2 SCC 324. - 4 - HC-KAR NC: 2025:KHC-D:10013 WP No. 105488 of 2025 The same not having been produced, the Trial Court has rightly rejected the said applications. 5. However, considering that the maintenance is a valuable right, reserving liberty to the petitioner to file a fresh application by enclosing all the necessary documents, the petition stands dismissed. 6. The said application as and when filed along with the necessary documents would have to be considered by the Trial Court in accordance with law. 7. It is made clear that this Court has not expressed any opinion on the merits of the matter. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 55