- 1 - HC-KAR NC: 2025:KHC:32736 WP No. 21780 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21780 OF 2025 (GM-FC) BETWEEN: SMT. RADHIKA PATIL D/O. MARUTI GOWDA, W/O. VAIBHAV PATIL, AGED ABOUT 30 YEARS, R/AT. GIRINER PRIDE APARTMENT, FLAT NO. D4, SHIVABASAVANAGAR, BELGAUM-590 010 …PETITIONER (BY SRI. H.V.BHANU PRAKASH, ADVOCATE) AND: SRI.RANGANATH SHIVARAM S/O. SRI. H. SHIVARAM, AGED ABOUT 44 YEARS, R/AT NO.89, 2ND FLOOR, HMT MAIN ROAD, MATHIKERE, BENGALURU-560 054 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE/QUASH THE ORDER DATED 15.04.2024 PASSED BY THE III ADDITIONAL PRINCIPAL FAMILY JUDGE AT BENGLAURU IN MC NO. 2279/2024 VIDE ANNEXURE –C, ON IA NO.2 FILED BY THE RESPONDENT U/O XXXIX RULE 1 & 2 R/2 151 OF CPC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32736 WP No. 21780 of 2025 ORAL ORDER Aggrieved by the orders passed on I.A.No.3 in MC.No.2279/2024 dated 15.04.2024 by the III Addl. Prl. Judge, Family Court, Bengaluru, the petitioner/wife is before this court. 2. The respondent herein has filed MC.No.2279/2024 for restitution of conjugal rights along with I.A.No.2 under order 39 Rule 1 and 3 of CPC seeking temporary injunction from entering into or solemnizing of her second marriage with any third person till disposal of the petition. According to the petitioner she is not the legally wedded wife and there is no relationship of wife and husband between them. In that case, MC seeking restitution of conjugal rights cannot be filed. The family court had directed that till the disposal of I.A.No.2, wife is directed not to enter into marriage as referred in I.A.No.2. 3. Learned counsel appearing for the petitioner submits that in the cause title the petitioner herein who is the respondent in the petition is shown as the daughter of Sri Maruti Gowda but not the wife of respondent herein. It is - 3 - HC-KAR NC: 2025:KHC:32736 WP No. 21780 of 2025 submitted that they have filed voluminous documents to show that there is no relationship between the petitioner and the respondent and the marriage is not consummated. In those circumstances when there is no relationship of husband and wife, question of restitution of conjugal rights will not arise and as such they have come up with an application under order 7 rule 11 of CPC to reject the petition. 4. Having heard the learned counsel for the petitioner perused the order impugned. 5. It is the case that as the petitioner is not married to the respondent and her marriage is fixed and as the respondent herein is interfering, an I.A,. was filed seeking injunction. For that I.A., for objections the matter is adjourned. However the court had passed an order that till the disposal of the I.A the petitioner herein is directed not to enter into marriage as preferred in I.A.no.2 dated 15.04.2024. Learned counsel submits that the court ought not to have passed such an order and also it is the fact that pursuant to the order passed by the court, the petitioner herein is already married and the respondent has already filed a contempt as the petitioner is - 4 - HC-KAR NC: 2025:KHC:32736 WP No. 21780 of 2025 married. This order is passed on 15.04.2024 and the writ petition is filed on 10.07.2025. Just because there is no limitation for filing this, the party cannot be permitted to assail an order after 1½ year. On these grounds this court is not inclined to interfere with the order passed by the family court. 5. In the light of the above discussion, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed. ii. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 20