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2026 DAILYLAW 28393 (KAR)

SMT. TRISHALA S G, v. SMT. B V MANJULA

WP/24739/2025 · 2026-07-14

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35834 WP No. 24739 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24739 OF 2025 (GM-RES) BETWEEN: 1. SMT. TRISHALA S.G., W/O SRI SHEETAL KUMAR, D/O DODAPPA MUNNOLI AGED ABOUT 44 YEARS 2. KUM. SAACHI S.G., D/O SRI SHEETAL KUMAR, AGED ABOUT 14 YEARS. 3. KUM. SAANVI S.G, D/O SRI SHEETAL KUMAR, AGED ABOUT 8 YEARS 4. KUM. SHREYAS S.G., S/O SRI SHEETAL KUMAR, AGED ABOUT 6 YEARS PETITIONERS NO.2 TO 4 ARE SINCE MINOR, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN BY SMT. TRISHALA S.G, 1ST PETITIONER. ALL ARE RESIDING AT NO.786, NEAR JSS SCHOOL, KONANAKUNTE, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35834 WP No. 24739 of 2025 BENGALURU – 560 062. …PETITIONERS (BY SRI VINOD PRASAD, ADVOCATE) AND: 1. SMT. B.V.MANJULA D/O P. VENKATARAMANAPPA, AGED ABOUT 46 YEARS, RESIDING AT, MIG - 6, BEEDI COLONY ROAD, OPP. KHM DIAMOND APARTMENT, BANDE MUTT, KENGERI SATELLITE TOWN, BENGALURU – 560 060. 2. S.G.SANAT, S/O G.M.SHEETAL KUMAR, AGED ABOUT 7 YEARS, SINCE MINOR REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, SMT. B.V.MANJULA, RESPONDENT NO.1. 3. SRI G.M.SHEETAL KUMAR S/O MALLINATH, AGED ABOUT 48 YEARS, RESIDING AT NO.786, NEAR JSS SCHOOL, KONANAKUNTE, BENGALURU – 560 062. …RESPONDENTS (BY SRI MAHABALESHWAR CHITRIGEMATH, ADVOCATE FOR R-1; R-2 IS MINOR AND REPRESENTED BY R-1; - 3 - HC-KAR NC: 2026:KHC:35834 WP No. 24739 of 2025 SRI R.V.RAJASHEKARA, ADVOCATE FOR R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 07/07/2025, PASSED BY THE JMFC(Tr. Ct-II) AT BANGALORE, IN C.MISC. NO. 59/2018, REJECTING THE APPLICATION OF THE PETITIONER TO COME ON RECORD AT ANNEXURE-M TO THE WRIT PETITION; ISSUE A WRIT OF MANDAMUS DIRECTING THE COURT BELOW TO ALLOW THE APPLICATION AND PERMIT THE PETITIONERS TO COME ON RECORD. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before the Court calling in question an order of the concerned Court which rejects an application filed by the petitioners to come on record in C. Misc. No. 59 of 2018. 2. Heard Sri Vinod Prasad, learned counsel appearing for petitioners, Sri Mahabaleswar Chitrigemath, learned counsel - 4 - HC-KAR NC: 2026:KHC:35834 WP No. 24739 of 2025 appearing for respondent No.1 and Sri R.V.Rajashekara, learned counsel appearing for respondent No.3. 3. Facts in brief, germane, are as follows: The 3rd respondent is the husband of two women, the 1st petitioner and the 1st respondent. The issue is not with regard to who is whose wife. The 1st and 2nd respondents initiate proceedings seeking maintenance at the hands of the 3rd respondent/husband before the concerned Court invoking the provisions of the Protection of Women from Domestic Violence Act, 2005. The petitioners, being the first wife and three children contending that they would be left in the lurch if the maintenance is awarded by the concerned Court, on a petition filed by the second wife, sought to implead themselves into the proceedings, which is rejected. Hence, the petitioners are at the doors of this Court. 4. The learned counsel appearing for the petitioners submits that the 3rd respondent/husband gets salary of ₹50,000/- per month and the second wife/1st respondent is also - 5 - HC-KAR NC: 2026:KHC:35834 WP No. 24739 of 2025 working and earns ₹50,000/- per month, as they are colleagues under the same employer. Therefore, would submit that in the event of such eventualities of awarding maintenance, it is necessary that the petitioners should be heard in the matter. 5. Though, the learned counsel for the 1st respondent puts up vehement opposition, notwithstanding the same, I deem it appropriate to permit these petitioners to implead themselves as party respondents, as the first wife and the children who are dependent upon the 3rd respondent/husband should not be left to lurch, in the event, maintenance of ₹30,000/- is granted to the second wife and her child, more so in the light of the fact that the 1st respondent herself earns ₹50,000/-, as that of the 3rd respondent/husband. In that light the order of the concerned Court is necessary to be obliterated. 6. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed. (ii) Order dated 07-07-2025 rejecting the application of the petitioners in C.Misc.No.59 of 2018 stand quashed. - 6 - HC-KAR NC: 2026:KHC:35834 WP No. 24739 of 2025 (iii) The petitioners are permitted to come on record in the proceedings before the concerned Court and contest the matter. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 77