- 1 - HC-KAR NC: 2025:KHC:26651 WP No. 21115 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21115 OF 2025 (GM-FC) BETWEEN: DR. LAXMISHA RAI S/O RAGHUNATH RAI AGED ABOUT 38 YEARS R/AT SADASHIVA KRIPA, GANDHIGUDDE, K.C.FARM, KOILA, PUTTUR TALUK -574 241 PRESENTLY RESIDING AT SHANDONG UNIVERSITY OF SCIENCE AND TECHNOLOGY, QINGDAO CHINA …PETITIONER (BY SRI. SACHIN, ADVOCATE FOR SRI.SACHIN B.S., ADVOCATE) AND: 1. SMT. SHILAPA L. RAI W/O LAXMISHA RAI AGED ABOUT 32 YEARS 2. MEDHA RAI.M SINCE MINOR REPRESENTED BY HER MOTHER, SHILAPA L RAI RESPONDENT 1 AND 2 R/AT SHILPAVANA FARMS, KANIYOOR VILLAGE AND POST, BELTHANGADY TALUK-574 214 3. MR. ARUN SHETTY MAJOR R/AT WIBER MEADOVES #13, SHRINIVAS READDY LAYOUT Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26651 WP No. 21115 of 2025 DEVARACHIKANAHALLI, BANGALORE-560 076 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 16.01.2025 AS PER ANNEXURE -A PASSED IN CRL. MISC. NO. 616/2024 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC BELTHANDADY, D.K. THEREBY REJECTING THE PETITIONERS APPLICATION FOR IMPLEADING R3 AND CONSEQUENTLY ALLOW THE SAID APPLICATION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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.1 in Crl.Misc. No.616/2024 dated 16.01.2025 by the Principal Civil Judge and JMFC, Belthangady, Dakshina Kannada, whereby the petitioner herein had filed an application to implead the second husband of the respondent/wife was dismissed, the petitioner/husband is before this Court. 2. It is the case that the respondent herein had filed a Crl.Misc.No.616/2024 seeking maintenance. In that, the present I.A. came to be filed stating that the wife had contracted a second marriage and the said person is a proper and necessary party to this petition. The wife had filed her - 3 - HC-KAR NC: 2025:KHC:26651 WP No. 21115 of 2025 objections stating that she remarried on 01.09.2022 and she is entitled for maintenance till 01.09.2022. 3. By the order impugned, the Trial Court had dismissed the I.A. observing that there is no proper reason to allow the application, how the proposed respondent is necessary party to the proceedings. The wife had also undertaken that she will not claim any maintenance from the husband after the date of her remarriage i.e., 01.09.2022. Hence, the Trial Court had come to the conclusion that the proposed party is not a proper and necessary party to the proceedings and dismissed the I.A. 4. Learned counsel appearing for the petitioner/husband submits that though she has married in the year 2022, the said fact was suppressed. Hence, his presence is very much necessary to decide the dispute between the parties. 5. Having heard the learned counsel for the petitioner, perused the material on record. Under Section 125 of CrPC. proceedings, when the wife herself admits that she has remarried and from the date of second marriage she is not entitled for maintenance, this Court is not able to understand - 4 - HC-KAR NC: 2025:KHC:26651 WP No. 21115 of 2025 what is the purpose of impleading the proposed party. The Trial Court had rightly considered and passed a reasoned order and there is no reason to interfere with the well considered order passed by the Trial Court. Hence, this Court is passing 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.: 55