- 1 - HC-KAR NC: 2025:KHC:28789 WP No. 25054 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. 25054 OF 2023 (GM-FC) BETWEEN: 1. MRS. SUMITHRA, W/O. HARISH, D/O. BHOJA POOJARY, AGED ABOUT 34 YEARS, 2. MASTER ADITHYA, W/O. HARISH, AGED ABOUT 13 YEARS, 3. KUM. KUSHI, D/O. HARISH, AGED ABOUT 11 YEARS, PETITIONER NOS. 2 AND 3 ARE REP. BY NATURAL GUARDIAN MOTHER PETITIONER NO.1 ALL THE PETITIONERS ARE: R/AT PARARI HOUSE, VAMANJOOR POST AND VILLAGE, MANGALURU TALUK – 575 028. …PETITIONERS (BY SRI. AJAY PRABHU. M, ADVOCATE) AND: MR. HARISH, S/O. RUKMAYYA POOJARY, R/AT 2-82, KATTAPUNI HOUSE, THIRUVAIL , VAMANJOOR, MANGALURU TALUK-575 028. …RESPONDENT (BY SRI. RANJAN KUMAR .N, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28789 WP No. 25054 of 2023 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30/10/2023 IN CRL.M.C.NO.107 OF 2022 ON THE FILE OF THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, D.K. MANGALURU AS PER ANNEXURE-A AND CONSEQUENTLY, ALLOW THE APPLICATION IN I.A.NO.III FOR AMENDMENT 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 ORAL ORDER Aggrieved by the order passed in I.A.No.3 in Crl.Misc.No.107/2022 dated 30.10.2023 by the Principal Judge, Family Court, D.K., Mangaluru, whereby an I.A. is filed by the petitioner No.1/wife seeking amendment of the pleadings is dismissed by the Family Court, 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 husband had filed M.C. No.161/2019 seeking restitution of conjugal rights and the wife had filed M.C.No.361/2019 seeking divorce. The M.C. filed by the husband seeking restitution of conjugal rights was allowed - 3 - HC-KAR NC: 2025:KHC:28789 WP No. 25054 of 2023 and the M.C. filed by the wife seeking divorce on the ground of cruelty was dismissed by the Family Court. The wife had preferred MFA and the same is pending consideration. The wife had also filed criminal miscellaneous petition seeking maintenance. When the matter is at the stage of trial i.e., by way of this pleadings the petitioner/wife wants to incorporate the pleadings stating that the husband has committed the act of cruelty. 4. The Family Court, by order impugned, had dismissed the same on two grounds. One is that such an application is filed at a belated stage after the commencement of the trial and it is not the case of the petitioner that in spite of due diligence, all these facts would not be brought to the notice of the Court. Then the second ground is that even the amendment that is sought is not necessary to decide the dispute between the parties. 5. Learned counsel appearing for the petitioner No.1/wife submits that already the M.C. filed seeking divorce was dismissed. Against both the MCs, MFAs are filed and the same are pending consideration before this Court. The husband is - 4 - HC-KAR NC: 2025:KHC:28789 WP No. 25054 of 2023 trying to take advantage of the judgment passed in M.C. filed seeking restitution of conjugal rights as such the wife had filed this application seeking amendment of pleadings and to bring to the notice of the Court that how the husband has committed cruelty on the wife and which made the wife to stay away from the matrimonial home and it has been stated in the petition that inspite of due diligence this aspect was not brought to the notice of the Family Court. Learned counsel submits that the Family Court ought to have allowed this application as it goes to the root of the matter. 6. Learned counsel appearing for the respondent/ husband submits that Family Court had considered all the aspects that are placed before the Court and particularly the fact that as of now the judgment in the restitution of conjugal rights the decree is staring at the petitioner and further, the amendment of the pleadings will not have any effect on the merits of the matter and it rightly dismissed the petition. 7. Having heard the learned counsels on either side, perused the material on record. The admitted facts in this case are that there is a judgment and decree passed in the case of - 5 - HC-KAR NC: 2025:KHC:28789 WP No. 25054 of 2023 restitution of conjugal rights that is filed by the husband and the M.C. that is filed by the wife seeking divorce is dismissed. Appeals are pending before this Court. Now this application under Section 125 of CrPC. would be decided by the Family Court whether the wife is entitled for maintenance or not, because the husband is relying on a judgment and decree passed in the M.C. filed for restitution of conjugal rights case, now the petitioner/wife wants to amend the pleadings and prove before the Court that there is cruelty on the part of the husband as such she could not join the husband, after a full- fledged trial already a judgment and decree is passed, in a Summary proceedings under Section 125 of CrPC, the Family Court will not conduct a roving enquiry and find out that there is a cruelty on the part of the husband or not. The petitioner has already filed an MFA to stay away from the matrimonial home or not and now the case is at the verge of trial and at this stage, the proposed amendment is neither necessary nor it can be permitted by the Court and the Family Court had rightly dismissed the petition. This 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: - 6 - HC-KAR NC: 2025:KHC:28789 WP No. 25054 of 2023 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.: 130