- 1 - HC-KAR NC: 2025:KHC:34646 WP No. 22539 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 22539 OF 2022 (GM-FC) BETWEEN: NISHA MISRA AGED ABOUT 54 YEARS W/O MICHEAL GRAHAM PRINCE R/AT GA RESIDENCY ALADNON 2 WARE ROAD, FRAZER TOWN BANGALORE -560 005 …PETITIONER (BY MS.JAYNA KOTHARI, SENIOR COUNSEL FOR SRI. ROHAN KOTHARI, ADVOCATE) AND: 1. MICHAEL GRAHAM PRINCE AGED ABOUT 51 YEARS S/O TERRY GRAHAM PRINCE R/AT 1, SYCAMORE CLOSE THE DELL, ANGEMERING WEST SUSSEX, BN 16 4DL UNITED KINGDOM 2. KOMAL AGARWAL AGED ABOUT 28 YEARS D/O SUNIL KUMAR AGARWAL AT C/IO POYPAL, RGA TECH PARK BUILDING 1, 1 SARJAPUR MARTHAHALLI ROAD CARMELARAM, HADOSIDDAPURA CHIKKANNAHALLI, VARTHUR BANGALORE -560 035 …RESPONDENTS (BY SRI. KIRAN SEBASTIAN ROZARIO, ADVOCATE R2- SERVED) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34646 WP No. 22539 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 14.10.2022 DISMISSING I.A.NO.5 IN M.C.NO.1761/2018 BY THE 1ST ADDL. FAMILY JUDGE, FAMILY COURT, BANGALORE PRODUCED HEREIN AS ANNEXURE-H AND ALLOW I.A.NO.5, DIRECTING THE PERSONS MENTIONED IN THE SAID IA TO PRODUCE THE DOCUMENTS SOUGHT FOR AND TO SUBMIT THE SAME TO THE HONBLE FAMILY COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on I.A.No.5 in M.C.No.1761/2018 dated 14.10.2022 by I Addl. Prl. Judge, Family Court, Bengaluru, whereby the Family Court had dismissed the application, the wife is before this court. 2. Both the parties are referred to as husband and wife for the sake convenience. 3. The wife had filed the MC seeking divorce on the ground of adultery and cruelty. In that she has filed an application i.e., I.A.No.5 on 28.11.2018 whereby she sought for a direction to certain hotels to produce the documents to show that the husband was living in adultery and he has lived in those particular hotels. The Family Court had dismissed the applicaton by order impugned on two grounds, one is that it is - 3 - HC-KAR NC: 2025:KHC:34646 WP No. 22539 of 2022 filed at a belated stage and second ground is that, all these hotels are outside the jurisdiction of the Family court and it will take some time. 4. Learned Senior counsel appearing for the petitioner/ wife submits that this application is filed in the year 2018 and the petitioner/wife had pressed this application on several occasions which is evident from the docket proceedings. It is submitted that on 06.02.2021 in fact the counsel appearing for the husband had submitted that husband has no objection to allow I.A.No.5 and the same is recorded by the Family Court in the order dated 06.02.2021. It is submitted that when he has no objection for the said document, the Family Court ought to have allowed the same. It is submitted that those documents are very crucial for the wife to establish the grounds on which she is seeking divorce. The Family Court without properly appreciating the fact and circumstances of the case had dismissed the petition. 5. Learned counsel appearing for the respondent/husband submits that this writ petition is filed in the year 2022 and the wife had obtained stay of all further proceedings of the MC - 4 - HC-KAR NC: 2025:KHC:34646 WP No. 22539 of 2022 which she has filed seeking for divorce. It is submitted that when the cross-examination is completed and the matter is coming up for the respondent evidence, at that point of time this application is pressed by the wife, the Family Court had rightly dismissed and no useful purpose would be served by allowing this application, only for the purpose of driving on the proceedings the present application is filed. 6. Having heard the learned senior counsel for the petitioner and learned counsel for the respondent, perused the entire material on record. The wife had filed the MC seeking divorce on the ground of cruelty and adultery. The MC is of the year 2018. In the same year, she has filed an application i.e, I.A.No.5 seeking a direction to call for certain documents from the hotels to show that the husband is staying with the respondent No.2. It is the case that she already has the xerox copies but for the original documents she filed this application to summon the said documents. This court has perused the docket proceedings. The docket proceedings reveals that on several occasions this application is pressed by the wife and also the proceedings dated 06.02.2021 reveals that the husband has stated that he has no objection, this application is - 5 - HC-KAR NC: 2025:KHC:34646 WP No. 22539 of 2022 allowed. Now, by virtue of this order, the application is dismissed on the one ground that it is a time taking but ultimately from 2022 till 2025 the entire proceedings are stayed and it has taken three long years. When an I.A is filed in the year 2018, why the Family Court had not considered the said application and even before the trial is commenced that application ought to have been considered by the Family Court. Considering the fact that the case is filed by the wife seeking divorce on the ground of adultery and these documents appears to be necessary for the adjudication of the dispute between the parties and also in the light of the fact that husband has no objection to call for these documents, this Court deems it appropriate to pass the following: ORDER i. The order passed on I.A.No.5 in M.C.No.1761/ 2018 dated 14.10.2022 by I Addl.Prl. Judge, Family Court, Bengaluru is set aside and consequently I.A.No.5 is allowed. ii. The wife shall not ask for unnecessary adjournments and whenever adjournments are - 6 - HC-KAR NC: 2025:KHC:34646 WP No. 22539 of 2022 sought by the wife, the Family Court shall view it seriously. iii. The main MC shall be disposed of as expeditiously as possible but not later than 30th January,2026. iv. Accordingly, the writ petition is disposed of. v. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 15