- 1 - NC: 2025:KHC-K:2594 CP No. 200020 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE CIVIL PETITION NO.200020 OF 2025 BETWEEN: SMT. SUSHAMA W/O PRAKASH AGE: 32 YEARS, OCC: GOVT. SERVANT R/O: C/O: VIJALAXMI JOGAN ANGANAWADI TEACHER, H. NO.11-862/1-3, BEHIND KIRANA SHOP, ASHOKNAGAR, KALABURAGI – 585 103. PRESENT ADDRESS C/O: K. VENUGOPAL H.NO.23, KAKARLA NILAYA KUVEMPU NAGAR, 1ST CROSS, NEAR JAIN INTERNATIONAL SCHOOL, BALLARI – 583 104. …PETITIONER (BY SMT SWATI, ADVOCATE) AND: PRAKASH S/O SHIVASHARANAPPA RAGI AGE: 35 YEARS, OCC: ASSISTANT PROFESSOR, R/O H: NO.204, BODHA ROAD, JAI, BHEEM NAGAR, NARONA, TQ: ALAND, DIST: KALABURAGI – 585 103 MOBILE NO.9740622310. …RESPONDENT (BY SRI SANTOSH KUMAR B. METRE., ADVOCATE) Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2594 CP No. 200020 of 2025 THIS CIVIL PETITION IS FILED UNDER SECTION 24 (I)(A) OF THE CPC, PRAYING TO TRANSFER THE M.C.NO.46/2025 PENDING ON THE FILE OF HON’BLE PRINCIPAL FAMILY COURT, JUDGE KALABURAGI TO JUDGE FAMILY COURT AT BALLARI FOR BETTER ADJUDICATION AND TO MEET THE ENDS OF JUSTICE. THIS CIVIL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This Court vide interim order dated 03.03.2025 had stayed the further proceedings before the Family Court in M.C.No.46/2025, which the petition by the husband seeking dissolution of marriage. 2. The learned Family Judge has addressed a letter to this Court stating that the matrimonial proceeding in M.C.No.46/2025 is disposed of on 11.04.2025 without noticing the interim order granted by this Court, as the petitioner before this Court (respondent-wife in Family Court) remained ex parte before the Family Court. - 3 - NC: 2025:KHC-K:2594 CP No. 200020 of 2025 3. It is noticed that the Registry of this Court has dispatched the copy of the interim stay order to the Trial Court on 19.04.2025, though the order was passed on 03.03.2025. The mistake is on the part of the Registry. 4. At the same time, it is noticed that the respondent-husband refused to receive the notice sent to him by this Court, and the said notice is returned with an endorsement “refused on 14.03.2025, 18.03.2025”. It is also noticed that, on behalf of the respondent, Sri. K.M.Biradar, learned counsel, has filed Vakalath, and the vakalat indicates that the respondent-husband has signed the Vakalath on 24.04.2025. 5. The records sent by the learned District Judge would reveal that the petitioner before it (husband) led evidence on 03.04.2025. As already noticed husband has refused the notice of the petition and interim order granted by this Court. Thus, it should be deemed that the husband knew the interim stay order granted by this Court. Under these circumstances, this Court is of the view that the petitioner-husband before the Family Court has suppressed - 4 - NC: 2025:KHC-K:2594 CP No. 200020 of 2025 the interim stay order staying the further proceeding, granted by this Court. Later the petition is decided on merits before the Family Court without noticing the stay order granted by this Court. 6. From the facts noticed above, it is apparent that, the petitioner –husband before the Family Court has suppressed the material fact which he ought to have disclosed, and if disclosed would have prevented the final disposal of the petition seeking divorce, till further orders from this Court. The conduct of the husband is nothing short of fraud. 7. Under these circumstances, this Court is of the view that, this petition seeking transfer of the petition before the Family Court does not become infructuous. Since the petition before the Family Court is decided without noticing the stay order staying further proceedings on account of suppression of said order by the by the petitioner-husband before the Family Court and also in view of the lapse on the part of the registry. - 5 - NC: 2025:KHC-K:2594 CP No. 200020 of 2025 8. The petition seeking dissolution of marriage has some consequence. In case the person who has obtained the decree contracts second marriage, after the expiry of the appeal period and before the stay order granted by the appellate Court, the appeal by the wife becomes infructuous. 9. In addition, in case the wife files an appeal against the decree which is passed despite stay of the proceeding, the appeal will have to be allowed and the matter has to be remitted to the trial Court for fresh consideration. 10. Thus, to prevent the miscarriage of justice and multiplicity of litigation, this Court in exercise of inherent power, has to set aside the judgment and decree for dissolution of marriage without entering into merits of the judgment and decree. 11. After going through the petition averments, this Court is of the view that the petitioner has made out a case for transfer of M.C.No.46/2025 from Family Court, - 6 - NC: 2025:KHC-K:2594 CP No. 200020 of 2025 Kalaburagi to the Family Ballari where petitioner claims to be residing. Ballari is said to be 309 kms apart. 12. Registry shall send a copy of this order to the Family Court at Kalaburagi, as well as to the respondent and the counsel for the respondent. 13. It is noticed that there is a serious lapse on the part of the Registry of this Court in not communicating the order immediately after the order is passed by this Court. Though the order is passed on 03.03.2025, it is dispatched through registered post on 19.03.2025. 12. It is also noticed that, despite E-mail and telephone facilities available in all courts, the said facilities are not made use of to communicate the interim orders through E-mail or through a telephonic message, wherever required. The communication through conventional mode is causing the delay in communication of the order. 14. Hence, the Registry shall issue directions to all the concerned staff to communicate the interim orders passed by this court staying further proceedings, or staying - 7 - NC: 2025:KHC-K:2594 CP No. 200020 of 2025 the operation of the decree or order, without delay through E-mail and telephone, to the concerned Court, in addition to regular mode of communication through post. 15. Hence, the following: ORDER (i) The petition is allowed. (ii) The judgment and decree dated 11.04.2025 passed in M.C.No.46/2025 by the Family Court, Kalaburagi is set aside; (iii) M.C.No.46/2025 pending on the file of the Family Court, Kalaburagi, is transferred to Family Court, Ballari; (iv) The proceeding before the Family Court shall be decided on its merit, and nothing in this Order shall be construed as having expressed on the merits of the petition seeking dissolution of marriage. - 8 - NC: 2025:KHC-K:2594 CP No. 200020 of 2025 (iii) This order shall be communicated to the Family Court, Kalaburagi through E-mail and through registered post and also to the respondent through registered post, forthwith. (iv) Registrar General shall issue directions through circular to all the concerned staff to communicate the interim order passed by this court staying further proceedings, or staying the operation of the decree or order, without delay, through E-mail and telephone, to the concerned Court, in addition to regular mode of communication through post. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM List No.: 1 Sl No.: 7