- 1 - HC-KAR NC: 2025:KHC:37425 WP No. 24212 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24212 OF 2025 (GM-FC) BETWEEN: 1. SRI B.JAGADISH, S/O SRI.B.R.BHEEMARAJU, AGED ABOUT 47 YEARS 2. SRI. B.R.BHEEMARAJU, S/O LATE B.R.RAMANNA, AGED ABOUT 77 YEARS 3. SMT.H.S.JAYAMMA, W/O SRI. B.R. BHEEMARAJU, AGED ABOUT 67 YEARS 4. SRI.B.RAVINDRA, S/O SRI. B.R.BHEEMARAJU, AGED ABOUT 50 YEARS, ALL ARE RESIDING AT NO.1/170, 6TH MAIN ROAD, 7TH CROSS, JANAJOYTHI NAGAR, ULLAL MAIN ROAD, MALLATHA HALLI, BENGALURU-560 056 …PETITIONERS (BY SRI. CHANDRACHUD A., ADVOCATE) AND: 1. SMT. B.J.SHWETHA, W/O SRI.B.JAGADISH, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37425 WP No. 24212 of 2025 D/O SRI.B.P.JAYARAM, AGED ABOUT 39 YEARS 2. MASTER.B.J.SAMARTH, S/O SRI.B.JAGADISH, AGED ABOUT 11 YEARS, SINCE MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT.B.J.SHWETHA. R1 AND R2 ARE RESIDING AT L-20, VISHWESHWARAIAH ROAD, SOMWARPET, KODAGU DISTRICT-571 236 ALSO RESIDING AT “SRIRAMA ESTATE”, DODDAKUNDA, RAMENAHALLI, BYADAGOTTA, KODLIPETE, SOMWARPET TALUK, KODAGU DISTRICT-571 231 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN CRI. A. NO. 36/2025 ON THE FILE OF THE HON'BLE PRINCIPAL DISTRICT AND SESSIONS COURT, MADIKERI, KODAGU. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:37425 WP No. 24212 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: (i) Call for the records in Crl. A. No.36/2025 on the file of the Hon'ble Principal District and Sessions Court, Madikeri, Kodagu. (ii) To issue Writ of Certiorari and quash the impugned order dated 23/04/2025 passed on I.A.No.1 in Crl.Misc.No.36/2025 on the file of the Hon'ble Principal District and Sessions Court, Madikeri, Kodagu at Annexure-A, during the existence of the Order dated 03/03/2025. (iii) To issue Writ of Certiorari and quash the impugned order dated 23/04/2025 passed without stay application, in Crl. Misc. No.36/2025, on the file of the Hon'ble Principal District and Sessions Court, Madikeri, Kodagu, at Annexure-A staying the order dated 07/01/2025 in Crl. Misc. No.18/2024 on the file of the Hon'ble Senior Civil Judge and JMFC, Somvarpet, Kodagu, at Annexure-Ab. (iv) Allow this writ petition with cost and (v) To Grant such other relief/s as this Hon'ble Court deems fit to grant in the circumstances of the case 2. The present writ petition is filed to quash the impugned order dated 23.04.2025 passed on IA No.1 in Crl.A.No.36/2025. A complaint was filed by the wife under the Domestic Violence Act in Crl.Misc.No.73/2018 seeking - 4 - HC-KAR NC: 2025:KHC:37425 WP No. 24212 of 2025 maintenance and the same was rejected on 19.11.2019 by the Prl. Civil Judge & JMFC, Somwarpete. Thereafter, an order was passed by the Principal Civil Judge at JMFC, Somwarpet dated 30.07.2019 whereby the respondent/husband was permitted to visit the place where the wife is residing with her child to meet the child on every Sunday till the disposal of the final decision. Thereafter, clarification was sought by filing a petition under 25(2) of the Protection of Women from Domestic Violence Act in Crl.Misc.18/2024 and the Trial by order dated 07.01.2025 had allowed the application and directed the wife to hand over the custody of the child to the father for a period of 15 days during summer holidays every year. The father was directed to hand over the child after completion of 15 days. This was questioned by filing Crl.A.No.36/2025, whereby the I Addl. District & Sessions Judge, Kodagu-Madikeri, by order dated 23.04.2025, allowed the said application and stayed the impugned order dated 07.01.2025 passed by the Trial court in Crl.Misc.No.18/2024 till the disposal of the appeal. The said order is assailed before this Court by filing the present writ petition. - 5 - HC-KAR NC: 2025:KHC:37425 WP No. 24212 of 2025 3. Learned counsel appearing for the petitioner submits that the court had no jurisdiction to entertain the Criminal Appeal. It is submitted that the order passed by the court is a nullity and as such, he is before this court questioning the said order and it is also submitted that earlier in the MC.No.3099/2018 the court has recorded about the physical and financial condition of the husband and it is nothing but pure abuse of process by the wife. 4. Having heard the learned counsels appearing for the petitioner, perused the entire material on record. This court is not inclined to go into the merits of the matter. This court has no jurisdiction to entertain the interlocutory applications as well as final orders passed in the domestic violence case under Article 227 of Constitution of India. Here the whole proceedings are eminating from the case filed under Domestic Violence Act and finally the order impugned is the order passed by the District and Sessions Judge, Madikeri, on I.A.No.1 in Crl.A.No.36/2025. Whether the said court has got jurisdiction or not, this court exercising the jurisdiction under Article 227 of Constitution of India particularly pertaining to the family court - 6 - HC-KAR NC: 2025:KHC:37425 WP No. 24212 of 2025 matters cannot decide. None of these orders are passed by the family court. Hence, this court lacks jurisdiction to entertain the petition. 5. Accordingly, this court is passing the following: ORDER i. The writ petition is dismissed giving liberty to the petitioner to avail appropriate remedy within a week from the date of receipt of the copy of the orders. ii. The registry shall return all the records to the petitioner. iii. All pending in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 11 Sl No.: 1