- 1 - HC-KAR NC: 2025:KHC:46668 WP No. 28301 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 28301 OF 2024 (GM-FC) BETWEEN: ANIL ALEX ABRAHAM SON OF MR ABRAHAM CHANDY AGED 43 YEARS PRESENTLY R/AT NO 1112 AND 1113 4TH MAIN D BLOCK AECS LAYOUT BANGALORE 560037 …PETITIONER (BY SRI. ARUN GOVINDRAJ., ADVOCATE) AND: LARA MARY MATHAI AGED ABOUT 43 YEARS W/O ANIL ALEX AGRAHAM R/AT NO 215, JAL VAYU VIHAR KAMAMNAHALLI BANGALORE- 560043 …RESPONDENT (BY SMT. GEETA MENON, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDI.A PRAYING TO-ALLOW THE APPLICATION IN I.A NO. 16/2024 FILED ON 09.07.2024 BY THE PETITIONER IN MC NO. 738/2015 PENDING ON THE FILE OF THE HONBLE PRL. FAMILY COURT JUDGE, AT BENGALURU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46668 WP No. 28301 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A No.16 in MC No.738/2015 c/w MC No. 5326/2017 dated 23.08.2024, by the Principal Family Court Judge, at Bengaluru, the husband is before this Court. 2. Parties are referred to as husband and wife, for the sake of convenience. 3. The husband has filed M.C. No.738/2015 seeking restitution of conjugal rights and wife has filed M.C. No.5326/2017 seeking divorce. In the year 2018, the wife has filed an application in I.A No.13, seeking a direction to the husband to pay a sum of Rs. 53,77,263/- with interest at 18% per annum till realisation, being the loss of income and monetary loss caused by the husband to the wife by forcing the wife to use her earnings thereby causing losses in the interest of justice and equity. The Family Court has kept this application in abeyance and proceeded with the main matter. To this I.A, the husband has filed objections on 12.09.2019. Thereafter, the evidence has started. In the evidence, when it is suggested to - 3 - HC-KAR NC: 2025:KHC:46668 WP No. 28301 of 2024 the husband in connection with the expenses with regard to the premium and other household expenses which the wife had spent, it is the case of the husband that for everything he can produce the Bank statements and he can produce the documents in support of his case. 4. Thereafter, after the the cross-examination of the husband is completed, wife had filed I.A No. 15 along with her evidence, she wants to produce the Bank statements and other documents in support of I.A No. 15. At that time, the husband has filed I.A No. 16. According to the husband, the wife is not filing the entire Bank statement. If the entire Bank statement is filed, all the facts will come to light. The husband has filed I.A No. 16 seeking the wife to file Bank statements for the period from 22.08.2009 to 31.12.2014 in respect of ICICI Bank Account, two HDFC Bank Accounts and to produce entire SMS chat histories from 22.08.2009 to 31.12.2014 instead of the extracts of the chat. The Family Court, by order impugned had allowed the application filed by the wife and dismissed the application filed by the husband. 5. While dismissing the application, the Family Court has observed that if it is the case of the husband that he has - 4 - HC-KAR NC: 2025:KHC:46668 WP No. 28301 of 2024 deposited, then he can produce his own Bank account statements. Therefore, with reference to those transactions there is no need for issuance of directions against the wife. The Family Court further observed that the relief sought for by both the parties is for dissolution of marrI.Age and restitution of conjugal rights, with reference to permanent alimony, financI.Al status of the parties is required to be considered. Therefore, there is no need for issuance of direction against respondent- wife to produce Bank statements from the year2009 - 2014. If the documents sought to be produced under Item No. 15 are admitted in evidence, then the petitioner/husband will get a chance to cross-examine the respondent/wife on each document. Therefore, it will not cause any injustice to the petitioner/husband. Even though during the cross examination of RW-1, if it is proved that she has withheld the documents, then adverse inference can be drawn against her. Hence the Family Court had dismissed the application and felt that there is no need for the wife to produce the documents. Assailing the same, the husband is before the Court. 6. Learned counsel appearing for the petitioner/husband submits that this application is filed after - 5 - HC-KAR NC: 2025:KHC:46668 WP No. 28301 of 2024 the cross-examination of the husband is completed. As the wife in a pick and choose manner only she is filing part of the transactions, hence he has filed the instant application. By filing those documents no prejudice will be caused to the wife and the Family Court ought to have allowed the application. 7. Learned counsel appearing to the respondent/wife submits that the application in I.A No.15 is filed by the wife in the year 2018. The counsel has placed before this Court the cross-examination of the husband. In that, she has drawn the attention of the Family Court to the cross-examination and submits that on several occasions, when the questions were put to the husband, it is stated that whenever if it is necessary, he will produce the documents, bank statement and additional documents. In such event, he would have produced the documents which are in his possession and the question of asking the wife to produce those documents was not required and the Court has rightly dismissed the application. Further it is submitted that M.C.No.738/2015 is filed for restitution of conjugal rights and M.C.No.5326/2018 is filed for divorce and now RW1's cross-examination is going on. At this stage, the question of placing these documents before the Court does not - 6 - HC-KAR NC: 2025:KHC:46668 WP No. 28301 of 2024 arise. It is submitted that the petitioner/husband had enough opportunity right from 2018. 8. Having heard the learned counsels on either side, perused the entire material on record. The only issue here is according to the wife, she has paid certain amounts and she is seeking a direction to the husband to give those amounts back. According to the husband, towards the premium for the insurance policy, whatever the amount that has been paid by the wife, he has already given to her and for other expenses also, the husband has been paying the amount and he has Bank statement and other documents. If that is the case, the husband could have produced the same, instead of asking the wife to produce the documents. The Family Court was right in dismissing the application in I.A No. 16 which was filed by the petitioner. 9. However, balancing the interests of both the parties and also for putting a quietus to the litigation, this Court deems it appropriate to pass the following: ORDER i. The order passed on I.A No.16 in MC No.738/2015 c/w MC No. 5326/2017 dated 23.08.2024, by the Principal Family - 7 - HC-KAR NC: 2025:KHC:46668 WP No. 28301 of 2024 Court Judge, at Bengaluru, is modified and the petitioner/husband is at liberty to produce the documents and only for that purpose, the evidence of the Petitioner shall be reopened. ii. The Court shall not adjourn the matter and grant unnecessary adjournments, as these two matters are old matters and have to be disposed of at the earliest. iii. Accordingly, the writ petition is disposed of. iv. All I.As. in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BSV List No.: 1 Sl No.: 4