- 1 - HC-KAR NC: 2025:KHC:28746 WP No. 32784 of 2024 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. 32784 OF 2024 (GM-FC) BETWEEN: SMT SUMALATHA H.N, W/O SHARATH G.V, AGED ABOUT 39 YEARS, R/AT KUMARA KRUPA, MOTHER THERESA ROAD, VIDYANAGAR, HASSAN DISTRICT - 573 202. …PETITIONER (BY MS. SUHANA S, ADVOCATE FOR SRI. KASHINATH J.D, ADVOCATE) AND: SRI. SHARATH G.V, S/O LATE VIRUPAKSHAPPA, AGED ABOUT 37 YEARS R/AT. GYARAHALLA VILLAGE, TEJOORU POST, SALAGAAME HOBLI, HASSAN TALUK - 573 202. …RESPONDENT (BY SRI. PRATHEEP K.C., ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 12.09.2024 PASSED ON IA NO. 5 FILED UNDER ORDER 16 RULE 6 OF CODE OF CIVIL PROCEDURE FILED BY THE PETITIONER HEREIN IN MC NO. 281/2022 PENDING ON THE FILE OF PRL. JUDGE, FAMILY COURT, HASSAN AS PER ANNX-A CONSEQUENTLY ALLOW THE IA NO.5 FILED BY THE PETITIONER UNDER ORDER 11 RULE 6 OF CODE OF CIVIL PROCEDURE AS PER ANNX-D AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28746 WP No. 32784 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on I.A.No.V in M.C.No.281/2022 dated 12.9.2024 by the Principal Judge, Family Court, Hassan, whereby the Court had dismissed an application that is filed by the wife under Order XVI Rule 6 of the CPC to issue summons to 5 hotels situated in the neighboring Districts to produce the room registration books maintained by them. 2. The wife had filed the petition seeking Restitution of Conjugal Rights. Husband had denied the fact that the marriage has taken place. According to him, they were in relationship. But the marriage was not solemnized. Now, the wife wants to summon the registers from 5 hotels to show that both the parties have resided in the said hotels. The Court had dismissed the application observing that the respondent is not denying the relationship between the parties. However, he is denying the fact that the marriage is solemnized. The documents that are sought to be summoned have no connection to prove that the marriage is solemnized. When the - 3 - HC-KAR NC: 2025:KHC:28746 WP No. 32784 of 2024 respondent himself is admitting that they are in a relationship and accordingly, dismissed the petition. 3. Learned counsel appearing the petitioner submits the documents are very crucial to prove the case of the wife and the Court without considering the same, had dismissed the application. 4. Learned counsel appearing for the respondent submits that the Court had rightly dismissed the application and those documents do not prove the marriage which is the dispute between the parties. 5. Having heard the counsels on either side, perused the material on record. The petitioner herein had filed a petition seeking Restitution of Conjugal Rights. According to the respondent, there is no marriage solemnized between the parties and they were in relationship. In fact, she was married to some other person and later, there was a divorce. Now the petitioner wants to call for registers from 5 different hotels to show that they were residing in the said hotel. The Court had rightly observed that by calling for those registers, it cannot be prove that there is a marriage between the parties. When the - 4 - HC-KAR NC: 2025:KHC:28746 WP No. 32784 of 2024 respondent himself is admitting that they were having illicit relationship and the Court had rightly dismissed the petition. Hence, this Court is of the view that there are no grounds to interfere with the well considered order passed by the Family Court. Accordingly, this Court is passing the following: ORDER (i) The Writ Petition is dismissed. (ii) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 82 CT: BHK