Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44007 WP No. 27451 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 27451 OF 2025 (GM-FC) BETWEEN:
SRI. R. SATHISH REDDY S/O. RAMACHANDRA REDDY, AGED ABOUT 29 YEARS, R/AT NACHANDLAHALLI VILLAGE, PARANDAHALLI POST, BETHAMANGALA HOBLI, K.G.F. TALUK - 563 116, KOLAR DISTRICT. …PETITIONER (BY SRI. BHARATHGOWDA B.R, ADVOCATE) AND:
SMT. C. P. PRIYANKA AGED ABOUT 27 YEARS, W/O. SATHISH REDDY, R/AT C. YELLAGARAM VILLAGE, V. KOTA MANDAL, CHITTOOR DISTRICT - 517 424, ANDHRA PRADESH. …RESPONDENT
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE AND QUASH, THE CASE PENDING BEFORE THE HONBLE SENIOR
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:44007 WP No. 27451 of 2025
CIVIL JUDGE AND JMFC AT K.G.F. KOLAR IN THE M.C. NO.
220/2023. (PRODUCED AT ANNEXURE- B) AND ETC.,
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 petition is filed seeking the following prayers:
"i. Issue a writ of Certiorari or any other writ of like nature and quash, the case pending before the Hon'ble Senior Civil Judge & JMFC at K.G.F. Kolar in the M.C.No.220/2023. (Produced at Annexure - 'B')
ii. Issue writ of mandamus directing the trial court to expedite the matter within the period of 6 months.
iii. ISSUE such other appropriate writ, order or direction as this Hon'ble Court deems fit to grant in the interest of justice and equity, including the award of costs of this writ petition."
2. The petitioner has filed this petition under Article 227 of the Constitution of India. He is aggrieved by the initiation of proceedings before the Family Court seeking restitution of conjugal rights. It is submitted that when the respondent has filed the petition under Section 498A of the IPC against the husband, the relief of restitution of conjugal rights
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HC-KAR NC: 2025:KHC:44007 WP No. 27451 of 2025
is not maintainable. Hence, the direction is sought to quash the case pending before the Senior Civil Judge & JMFC at K.G.F., Kolar i.e., MC.No.220/2023 and also sought for stay of all further proceedings.
3. The prayer as sought and the petition as filed is not maintainable. The remedy that is available to the petitioner is not before this Court, but before the Family Court. Hence, this Court do not find any reasons to entertain this petition.
4. Accordingly, this Court is passing the following:
ORDER
(i) Accordingly, the writ petition is dismissed, reserving liberty to the petitioner to avail the appropriate remedy, in accordance with law.
(ii) All IA's pending shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
JY List No.: 1 Sl No.: 9