- 1 - HC-KAR NC: 2025:KHC:28787 WP No. 26872 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 26872 OF 2023 (GM-FC) BETWEEN: MRS. NAMITHA JATHANNA, AGED ABOUT 31 YEARS, W/O. SUHAILA M. SUDHAKAR KAIRAN, RESIDING AT DOOR NO.1-384, BORVEL ROAD, POST KORAGRAPADY, UDUPI-574 118. …PETITIONER (BY SRI. RAKESH KINI, ADVOCATE) AND: MR. SUHAILA M. SUDHAKARA KAIRAN, S/O. SUDHAKARA KAIRAN, RESIDING AT PAWANA PRIYA HOUSE, NEAR DAIVAJNA KALYANA MANTAP, HOIGEBAIL ROAD, URVA, MANGALURU, D.K-575 006. …RESPONDENT (BY SRI. CHANDRANATH ARIGA. K, FOR C/R IN CP.NO.19173/2023) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 16.11.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, D.K., MANGALURU, PASSED IN IA.NO.VII IN M.C.NO.367/2022 (ANNEXURE-A) AND ETC. 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:28787 WP No. 26872 of 2023 ORAL ORDER Aggrieved by the order passed in I.A.No.7 in M.C.No.367/2022 dated 16.11.2023 by the Principal Judge, Family Court, D.K., Mangaluru, whereby the Family Court had dismissed the I.A. filed under Order 6 Rule 17 R/w Section 151 of CPC., the wife is before this Court. 2. The parties are referred to as wife and husband for the sake of convenience. 3. It is the case that the M.C.No.367/2022 is filed by the wife seeking divorce on the ground of cruelty. In the M.C. petition at paragraph Nos.6 and 13, the wife had stated as below: “6. Respondent always sleep in separate room. Respondent failed to fulfill your matrimonial obligations. Respondent act amounts to cruelty. 13. That the respondent was not interested in natural sex. The petitioner later came to know that the respondent is a bisexual and is more interested in homosexual acts. The petitioner came to know that the respondent used to send porn videos to her brother Sumith. The said videos are still stored in the petitioner’s brothers mobile. Thereafter when the petitioner’s brother objected to the same the - 3 - HC-KAR NC: 2025:KHC:28787 WP No. 26872 of 2023 respondent sent message to the petitioner’s brother praying for apology. The petitioner also learnt that the respondent used to have homosexual relationship with several boys in his rented house and near his school. That the respondent also tried to have homosexual overtures with the petitioner’s brother on 08.01.2020 when the respondent and the petitioner’s brother were sleeping side by side in the room when there was a strike of express bus and the respondent had stayed back in the petitioners mother’s house. That since the respondent was more interested in men and women he was not interested in having sex with the petitioner and deserted her and subjected her to violence and torture. That to conceal his truth the respondent only wanted to have a child from the petitioner so that he projects to be a normal man in society. Once the child was born the respondent started showing totally indifferent attitude towards the petitioner. From the day the respondent came to know that the petitioner is pregnant he severed off all physical and emotional relationship with the petitioner and started sleeping in a separate room.” The wife had raised several allegations against the husband about how he is behaving, how irresponsible the husband is, how violent he is, how she is subjected to mental and physical cruelty. Then she had narrated about the baby - 4 - HC-KAR NC: 2025:KHC:28787 WP No. 26872 of 2023 shower ceremony and how the things went on, on those occasions. As her life had become miserable with the husband, she had filed the M.C. After her examination, she had come up with this I.A. to amend the pleadings. By way of this amendment, she wanted to introduce new pleadings stating that the petitioner is interested in the unnatural sex and also about several allegations about his sexual orientation and also the fact that he had sent objectionable videos to his brother and the same is with her. Unless and until these facts are brought on record, it is difficult for the wife to prove the cruelty of the husband. 4. It was resisted by the husband by filing objections wherein he had stated that there is no basis for these allegations and after the commencement of the trial wife had come up with this I.A. By way of this amendment she wants to introduce altogether a new story and which is not permissible. In the objections, the husband had categorically narrated how this I.A. is not maintainable. It is submitted that the Family Court had rightly considered and dismissed the I.A. filed by the wife and no interference is called for. - 5 - HC-KAR NC: 2025:KHC:28787 WP No. 26872 of 2023 5. Having heard the learned counsels on either side, perused the material on record. The wife had filed the petition seeking divorce on the ground of cruelty. She had narrated several things in day to day life the acts amounts to cruelty. In the petition, she has nowhere stated about the sexual life and the other behaviour of the husband. In fact looking at paragraph No.13 what the wife had stated and looking at the amendment that is sought, it is clear that by way of this amendment she wants to introduce completely new case contrary to her earlier pleadings. These kinds of pleadings cannot be allowed. In this case the trial has commenced. Once an application is filed seeking amendment after the commencement of the trial, the party who has come up with the application has to aver and prove that in spite of due diligence these facts could not be brought to the notice of the Court at the earliest point of time. There are no such pleadings. At this stage, the Family Court cannot allow these kinds of pleadings which are contrary to the earlier pleadings which would cause prejudice to the other side. In the considered opinion of this Court, the Family Court had rightly considered all these issues and had rightly dismissed the petition and this - 6 - HC-KAR NC: 2025:KHC:28787 WP No. 26872 of 2023 Court finds no reasons to interfere with the well considered order passed by the Family Court. Hence, this Court deems it appropriate to pass the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As., in the writ petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 133