- 1 - HC-KAR NC: 2026:KHC:19300 WP No. 1649 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1649 OF 2026 (GM-RES) BETWEEN: 1. DR.V SUNITHA W/O. DR.B P SHIVASHANKAR AGED ABOUT 45 YEARS 2. MASTER SAMARTH S S/O DR B P SHIVASHANKAR AGED ABOUT 13 YEARS REP BY HIS NATURAL GUARDIAN AND MOTHER DR V SUNITHA BOTH ARE R/AT NO.A-3, IAHVB SCIENTIST QUARTERS, NEAR KALPATHARU DAIRY HOSTEL, VETERINARY COLLEGE CAMPUS, HEBBAL, BENGALURU-560024 ALSO R/AT NO.320/2, 6TH MAIN, SHAMANNA LAYOUT, BANASAWADI, BENGALURU-560043 …PETITIONERS (BY SRI. SHANMUGAM YADAV M.,ADVOCATE) AND: 1. THE PRINICIPAL SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF PERSONAL ADMINISTRATION AND REFORM(DPAR) VIDHANA SOUDHA, BANGLORE-560 001 2. THE ADDL. SECRETARY, DEPARTMENT OF ANIMAL HUSBANDRY AND Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19300 WP No. 1649 of 2026 VETERINARY SCIENCES VIDHANA SOUDHA, BANGLORE-560 001 3. THE DIRECTOR ANIMAL HUSBANDRY, DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SCIENCES HEBBAL, BENGALURU-560 024 4. THE ADDL. DIRECTOR OF ANIMAL HUSBANDRY, DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SCIENCES HEBBAL, BENGALURU-560 024 5. THE COMMISSIONER OF ANIMAL HUSBANDRY, DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SCIENCES 2ND FLOOR, VISHWESHWARAIAH MINI TOWER, DR.B R AMBEDKAR VEEDHI, BENGALURU-560 001 6. THE JOINT DIRECTOR OF ANIMAL HUSBANDRY, DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SCIENCES HEBBAL, BENGALURU-560 024 7. THE ASSISTANT DIRECTOR OF ANIMAL HUSBANDRY, DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SCIENCES HEBBAL, BENGALURU-560 024 8. SRI. DR.B P SHIVASHANKAR S/O.N.PAPANNA AGED ABOUT 46 YEARS R/AT NO.A-3, IAHVB SCIENTIST QUARTERS, NEAR KALPATHARU DAIRY HOSTEL,. VETERINARY COLLEGE CAMPUS, HEBBAL, BENGALURU-560024 …RESPONDENTS (BY SMT. NAVYA SHEKAR ,AGA FOR R1 TO R7) - 3 - HC-KAR NC: 2026:KHC:19300 WP No. 1649 of 2026 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.4 TO ENTER THE PETITIONER AND HER MINOR SON NAMES AS LEGAL NOMINEES IN THE SERVICE REGISTER OF RESPONDENT NO.8. CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF RESPONDENT NO.4 PERTAINING TO THE SERVICE RECORDS OF THE RESPONDENT NO.8. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking a writ in the nature of mandamus against respondent No.4 to enter petitioner No.1's and her minor son/petitioner No.2's names as legal nominees in the service register of respondent No.8. 2. Heard learned counsel for the petitioners and learned AGA for the respondents. Perused the records. 3. In the backdrop of the admitted matrimonial discord subsisting between petitioner No.1–wife and respondent No.8–husband, this Court is of the considered - 4 - HC-KAR NC: 2026:KHC:19300 WP No. 1649 of 2026 view that the reliefs sought in the present writ petition cannot be examined or granted at this stage. The lis between the parties is essentially rooted in their inter se matrimonial dispute, which is already the subject matter of adjudication before the competent forum. Entertaining the present petition, which seeks consequential civil rights flowing from the marital status, would amount to pre- empting issues that are directly and substantially in issue in the pending matrimonial proceedings. 4. It is not in dispute that the petitioners have fairly placed on record the order passed by the Family Court in M.C. Nos.979/2015 c/w 5328/2015 and G & WC No.148/2015, wherein the petition filed by respondent No.8–husband seeking dissolution of marriage has been allowed and a decree of divorce has been granted. Though it is brought to the notice of this Court that the said decree of divorce is presently under challenge in a pending miscellaneous appeal and the operation of the decree is stated to have been stayed, this Court is of the opinion - 5 - HC-KAR NC: 2026:KHC:19300 WP No. 1649 of 2026 that, as on date, petitioner No.1 cannot assert an enforceable legal right to seek incorporation or recognition of her status in the service records of respondent No.8. The grant of a decree of divorce by the competent Family Court, albeit under challenge, significantly clouds the subsisting marital status and, therefore, any direction as sought for in the present petition would be premature and untenable. More so, when the core issue relating to marital status is sub judice, this Court would be slow in granting any relief that has a direct bearing on such status. 5. However, it is made clear that in the event petitioner No.1 succeeds in the pending miscellaneous appeal and the decree of divorce is set aside, and such adjudication attains finality in accordance with law, it would be open to petitioner No.1 and her children to seek appropriate reliefs, including necessary entries in the service records of respondent No.8, before the competent authority, in which event such request shall be considered in accordance with law. - 6 - HC-KAR NC: 2026:KHC:19300 WP No. 1649 of 2026 6. With the above observations and reserving the aforesaid liberty, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 45