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2025 DAILYLAW 76415 (KAR)

SRI ROHITH B M v. SMT KRUTHIKA B L

WP/8243/2024 · 2025-07-31

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29811 WP No. 8243 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8243 OF 2024 (GM-FC) BETWEEN: SRI. ROHITH B.M., S/O. LATE B.MANJUNATH, AGED ABOUT 29 YEARS, R/AT PRASHANTHI NILAYA, NEAR SANTHE PETE SCHOOL, SANTHEPETE, SIRA TALUK, TUMKUR DISTRICT-572 137. …PETITIONER (BY SRI. VIKYATH B., ADVOCATE) AND: SMT.KRUTHIKA B.L., D/O LAKKAPPA SWAMY, W/O ROHITH B.M., AGED ABOUT 26 YEARS, R/AT BABBUR VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT-577 599. …RESPONDENT (BY SRI.PRITHVIRAJ SHASTRY, ADVOCATE FOR SRI.BALAKRISHNA SHASTRY G., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT SIRA ON IA NO.2, DATED:07/02/2024 IN M.C.NO.31/2020 VIDE ANNEXURE-E BY ISSUING A WRIT OF CERTIORARI. 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 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29811 WP No. 8243 of 2024 ORAL ORDER Aggrieved by the order passed in I.A.No.2 in M.C.No.31/2020 dated 07.02.2024 by the Senior Civil Judge and JMFC at Sira, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case that the husband had filed I.A.No.4 under Order XVI Rule 6 of CPC., seeking permission to summon the documents of HDFC Bank, Hiriyur Branch, Chitradurga District. It is stated that the wife is having income and suppressing the said fact, she had sought for the maintenance amount. It is the case of the wife that the said I.A. is not maintainable. There is no document produced to show that the husband approached the concerned bank and the concerned bank refused his request. The husband is only paying the litigation expenses as she has to come from Hiriyur Taluk to Sira for this case purpose. Hence, prays to reject the same. 4. Having heard the learned counsels on either side, perused the material on record. In this case, the wife had - 3 - HC-KAR NC: 2025:KHC:29811 WP No. 8243 of 2024 sought for litigation expenses as well as the maintenance. Now, if a particular bank statement of the wife is in her custody, she has to place the same before the Court. The argument of the wife that first the husband has to seek the document from the bank, when the bank refuses, then this application has to be filed, has no legs to stand. Hence, this Court deems it appropriate to pass the following: ORDER i. The respondent/wife shall place before the Family Court, her bank statement and the details as sought for in the application filed under Order XVI Rule 6 of CPC or else the concerned shall be summoned to produce the documents. ii. Accordingly, this writ petition is disposed of. iii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/List No.: 2 Sl No.: 40