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2026 DAILYLAW 17746 (KAR)

JAYANTHA v. MANASA R

WP/32855/2025 · 2026-02-10

Chillakur Sumalatha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8002 WP No. 32855 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.32855 OF 2025 (GM-FC) BETWEEN: JAYANTHA, S/O GOVINDA, AGED ABOUT 39 YEARS, RESIDING AT No.1-572, DIVYA NIVAS, MALLIGE ANGADI, NADUGODU VILLAGE, MANGALORE TALUK - 575148, PRESENTLY RESIDING AT : OUAGADOUGOU, BURKINA FASO, AFRICA. REPRESENTED BY POWER OF ATTORNEY HOLDER PRASHANTH SUVARNA, S/O SHEKAR POOJARY, AGED ABOUT 42 YEARS, R/AT KAVOOR AKASHABHAVANA, MANGALORE-575 020. …PETITIONER (BY SRI. K.SHRIHARI, ADVOCATE) Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8002 WP No. 32855 of 2025 AND: MANASA R., W/O JAYANTHA, AGED ABOUT 30 YEARS, RESIDING AT 3-44(1), POORLIPADY HOUSE, BALTHILA VILLAGE, KALLADKA, BANTWAL TALUK-574253 …RESPONDENT (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE FOR SRI.DINESH HEGDE,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 16.09.2025 PASSED IN M.C.NO. 45/2024 BY THE I ADDL. PRINCIPAL JUDGE, FAMILY COURT, D.K. MANGALURU, PRODUCED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:8002 WP No. 32855 of 2025 ORAL ORDER Heard Sri.K.Srihari, learned counsel for the petitioner as well as Sri.Dinesh Hegde, learned counsel for the respondent. 2. Being aggrieved by the order of rejection of the request of the petitioner to record his cross-examination through video conference, this writ petition is filed. It is not in dispute that the petitioner resides in South Africa. 3. Learned counsel for the petitioner submits that chief affidavit in lieu of chief examination was filed before the Family Court by the petitioner. Petitioner intended to appear for cross-examination through video conference, but his request was negated by the Family Court. 4. Learned counsel for the petitioner submits that petitioner will come to India and stay in India from 15.04.2026 to 30.04.2026 and he will attend the Court and face cross-examination any day between those 15 - 4 - HC-KAR NC: 2026:KHC:8002 WP No. 32855 of 2025 days and hence, the writ petition may be disposed of giving direction to the Family Court to record cross- examination during that time. 5. Learned counsel for the respondent submits that respondent will cross-examine the witness on any date given. 6. Therefore, the writ petition is disposed of with the following: ORDER (i) The Court of I Additional Principal Judge, Family Court, D.K, Mangaluru is directed to fix a date between 15.04.2026 and 30.04.2026 preferably between 16.04.2026 and 21.04.2026 for cross- examination of the petitioner by the respondent or her counsel. (ii) Court is directed to post the matter day today in case matter is required to be adjourned and - 5 - HC-KAR NC: 2026:KHC:8002 WP No. 32855 of 2025 see that the cross-examination is completed by 30.04.2026. (iii) The writ petition is accordingly disposed of. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 55