- 1 - HC-KAR NC: 2026:KHC:32722 WP No. 17623 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 17623 OF 2026 (GM-FC) BETWEEN: MR. RAGHAVENDRA U S/O N UMAPATHI AGED ABOUT 49 YEARS, R/AT NO.8, 5TH MAIN, WEAVERS COLONY, GANGANAGAR BANGALORE-32 …PETITIONER (BY SRI. NITIN A M., ADVOCATE) AND: MRS DIVYA U D/O LATE SOMASHEKAR AGED ABOUT 34 YEARS, R/AT NO.15/2, 3RD MAIN TATA SILK FARM BASAVANAGUDI BENGALURU-04. …RESPONDENT (V/O DTD:01.07.2026 NOTICE TO RESPONDENT IS HELD SUFFICIENT) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 03-06-2026 PASSED BY THE HONBLE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, IN I.A. NO.11/2026 FILED UNDER SECTION 151 OF CPC, 1908 IN M.C. NO.4372/2019, VIDE ANNEXURE-D RESPECTIVELY AND CONSEQUENTLY ALLOW I.A. NO.11/2026 FILED UNDER SECTION 151 OF CPC, 1908 TO THE Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32722 WP No. 17623 of 2026 FILE OF THE HON’BLE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU VIDE ANNEXURE-C AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER This writ petition is filed by the petitioner for quashing the order dated 03.06.2026 passed by the II Addl. Principal Judge, Family Court, Bengaluru in I.A.No.11/2026 filed under section 151 of CPC, in 1908 in M.C.No.4372/2019 vide Annexures ‘C’ and ‘D’, respectively. 2. Heard the arguments of learned counsel for petitioner. Respondent is served and unrepresented. 3. Learned counsel for the petitioner submits that he filed application for reopen of the matter at the stage of the arguments for further evidence of PW1 under Section 151 of CPC, but the said application was dismissed. 4. Learned counsel also filed Annexure-E/the copy of the Chapter III name “Interlocutory applications” in - 3 - HC-KAR NC: 2026:KHC:32722 WP No. 17623 of 2026 Karnataka Civil Rules of Practice and Proviso 2, Rule 2 reads as follows, “Provided that it shall not be necessary to file any affidavit but only a memorandum of facts signed by the pleader in interlocutory applications seeking any relief other than the reliefs of temporary injunction, attachment, arrest, appointment of guardian or the appointment of receiver or amendment of a pleadings.” 5. She further contended that the petitioner's intended to produce additional documents such as CCTV footage and audio recordings, which has direct bearing on the issues involved in matrimonial case. Thus, requested for reopening of the case. The Family Court directed to file an affidavit, though it is not required as per the Karnataka Civil Rules of Practice, dismissed the application, on technical grounds. The Family Court has not considered the application on merits. Hence, requested this court to quash the order dated 03.06.2026. 6. It is stated by learned counsel for the petitioner that husband filed MC No.4372/2019 for divorce and wife filed M.C.No.2978/2020 for restitution of conjugal rights. - 4 - HC-KAR NC: 2026:KHC:32722 WP No. 17623 of 2026 Both were clubbed and entire evidence is recorded and it is posted for arguments. At that stage, when they filed application to reopen the evidence of PW2/ husband it was not considered by the trial court and rejected on technical grounds. So this court finds, in fact as per the rules, affidavit is not at all required. But trial court has dismissed the application on the said ground, which is purely technical. Therefore, this court finds that it is just and reasonable to quash the order dated 03.06.2026. Accordingly, this writ petition is allowed. Trial Court is specifically directed to grant opportunity to PW2 for adducing further evidence and to dispose of the matter on merits. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 2 Sl No.: 11