Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:51544 WP No. 36251 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 36251 OF 2025 (GM-FC)
BETWEEN:
CHRIS PRIDE LOGO S/O LATE RICHARD LOBO, AGED ABOUT 38 YEARS, RESIDENT OF HAUPTSTRASSE 112, 69469, WEINHEIM, GERMANY, REPRESENTED BY HIS DULY AUTHORISED POWER OF ATTORNEY HOLDER, MS. DISNEY QUEEMA LOBO …PETITIONER (BY SRI. ROHAN KOTHARI, ADVOCATE)
AND:
MRS.BENEETA GEORGE
Digitally signed by MEGHA MOHAN Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:51544 WP No. 36251 of 2025
W/O CHRIS PRIDE LOBO, AGED ABOUT 36 YEARS, RESIDING AT NO. 87, EBENEZER, 2ND CROSS, BDS NAGAR, K NARAYANPURA, BANGALORE -560 077 …RESPONDENT
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET ASIDE THE ORDER DATED 10.10.2025 PASSED IN OS NO. 446/2025 PENDING BEFORE THE II ADDL PRL. JUDGE FAMILY COURT, BANGALORE (ANNEXURE-A).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2025:KHC:51544 WP No. 36251 of 2025
ORAL ORDER
Aggrieved by the orders passed on I.A.No.3 in OS.No.446/2025 dated 10.10.2025 by the II Addl. Prl. Judge, Family Court, Bangalore whereby the Family Court had restrained the petitioner herein who is the defendant in the suit from continuing with participating or prosecuting the custody proceedings before the court at Karlsruhe, Germany bearing the Case No.16UF155/2024 till he appears and file objections to I.A.No.3, the husband is before this court.
2. Both the parties are referred to as husband and wife for the sake of convenience.
3. Learned counsel appearing for the petitioner/husband submits that while granting Interim Injunction, the Court has to satisfy itself about the necessity of granting Interim Injunction. It is submitted that the order is bereft of reasons. It is further submitted that infact the wife along with the child was residing in Germany and the wife had initiated the proceedings in Germany and contrary to the orders of the Courts at Germany, she brought the child to India. When an injunction is sought, the person has to come before the court with clean hands. It is
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HC-KAR NC: 2025:KHC:51544 WP No. 36251 of 2025
submitted that this is a case where there is clear suppression and mis-representation of facts and hence the order impugned needs to be set aside.
4. Having heard the learned counsel for the petitioner, perused the entire material on record. When an order is passed by the court granting injunction and the petitioner is aggrieved by the same, he has a remedy to file a vacate petition before the very same Court. The petitioner has raised several issues. At this juncture, this court is not inclined to go into those aspects.
5. Hence, this court deems it appropriate to pass the following:
ORDER i. Petitioner shall serve the copy of the vacate petition on the Counsel appearing for the respondent/plaintiff by 15.12.2025 and Family Court shall dispose of the I.A. within this side of the vacation.
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HC-KAR NC: 2025:KHC:51544 WP No. 36251 of 2025
ii. This court is not proposing to issue notice to respondent as no adverse orders are passed against the respondent. iii. Accordingly, the writ petition is disposed off. iv. All pending I.As., in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
TS,List No.: 1 Sl No.: 30