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2025 DAILYLAW 64362 (KAR)

SMT SWATI RAMAN JOSHI W/O SRI RAMAN VENKATSH JOSHI v. SRI RAMAN VENKATESH JOSHI S/O SRI VENKATESH JOSHI

WP/106580/2025 · 2025-10-30

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14748 WP No. 106580 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106580 OF 2025 (GM-FC) BETWEEN: SMT. SWATI RAMAN JOSHI W/O. SRI. RAMAN VENKATSH JOSHI, AGE: 28 YEARS, OCC: HOUSEHOLD, R/O: YALLAMMADEVI HOUSING SOCIETY, RAJATAGIRI, DHARWAD 580 004. …PETITIONER (BY SRI. GANESH G. RAIBAGI, ADVOCATE) AND: SRI. RAMAN VENKATESH JOSHI S/O. SRI VENKATESH JOSHI, AGE: 35 YEARS, OCC: PRIVATE SERVICE, R/O 1ST FLOOR, SAPTHAGIRI NILAYA, 'A' BLOCK, GARUDA BLOSSOM APARTMENT, BASAVANAPURA ROAD, BHATTAHALLI, K.R. PURAM, BENGALURU – 560 049. …RESPONDENT (BY SRI. I.C.PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 28.08.2025, PASSED IN M.C.NO.249/2024 BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, DHARWAD, PRODUCED AT ANNEXURE-E. ISSUE A FURTHER DIRECTION TO THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, DHARWAD, TO ALLOW I.A.NO.5 AND TO ISSUE SUMMONS TO THE ADMINISTRATOR, MANIPAL FERTILITY HOSPITAL, BENGALURU TO PRODUCE THE MEDICAL RECORDS OF THE RESPONDENT AS PRAYED FOR IN THE SAID APPLICATION AND ETC., Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14748 WP No. 106580 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue a Writ of Certiorari or any other appropriate writ, order, or direction, quashing the impugned order dated 28.08.2025, passed in M.C.No.249/2024 by the learned Principal Judge, Family Court, Dharwad, produced at Annexure-E. B. Issue a further direction to the learned Principal Judge, Family Court, Dharwad, to allow I.A.No.5 and to issue summons to the administrator, Manipal fertility hospital, Bengaluru to produce the medical records of the respondent as prayed for in the said application; C. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioner is the wife and the respondent is husband. They two get married. The relationship between the two flounders. The floundering of the relationship has led the parties to the concerned Court in M.C. No.249 of 2024. The issue in the lis is not with regard to the merit of the matter. In the said lis, the wife files an application seeking reference of the medical examination of the husband to prove his potency. The concerned - 3 - HC-KAR NC: 2025:KHC-D:14748 WP No. 106580 of 2025 Court rejects the same on the ground that it is too early in the day to seek and can only be sought at the time of evidence. 3. Learned counsel for the petitioner at this juncture submits that the wife may be given liberty to file an identical application at a later point in time, if need arises. 4. In the light of the said submission, without disturbing the impugned order, reserving liberty to the petitioner to file another application of the same kind that is now filed, at a later point in time, if need arises. The petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT-ASC List No.: 1 Sl No.: 130