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2026 DAILYLAW 45494 (KAR)

SMT POOJA v. SRI AKSHAY K M P

WP/386/2026 · 2026-01-28

Chillakur Sumalatha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4629 WP No. 386 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 386 OF 2026 (GM-FC) BETWEEN: SMT. POOJA W/O AKSHAY, AGED ABOUT 31 YEARS, R/O. AT 3611/49, SAJJANRAO LAYOUT, SUKHASAGAR,NEAR SHIVAGANGA CONVENTION CENTRE, DAVANAGERE - 577 003. …PETITIONER (BY SRI. RAMAKRISHNA, ADVOCATE FOR SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: SRI. AKSHAY K.M.P S/O DR. K.M.P. SURESH, AGED ABOUT 35 YEARS, R/O. AT PLOT NO.204, MANOJ PARK, II CROSS, SULLA ROAD, BENGERI, Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4629 WP No. 386 of 2026 HUBBALLI - 580 023. …RESPONDENT (VIDE COURT ORDER DATED 28.01.2026, NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 01-12-2025 PASSED BY THE LEARNED HON'BLE JUDGE FAMILY COURT, AT DAVANAGERE ON I.A. NO 5 IN MC NO-340/2023, CERTIFIED COPY OF THE ORDER SHEET CONTAINING THE SAID IS PRODUCED AT ANNEXURE-E, BY REJECTING THE IA NO-5 OF THE RESPONDENT BEFORE THE FAMILY COURT DAVANAGERE FILED U/O 7 RULE 14(3) OF CPC, AND PRAY TO PASS SUCH OTHER ORDER OR DIRECTION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:4629 WP No. 386 of 2026 ORAL ORDER Heard Sri.Ramakrishna who represents Sri.Hiremathad Maheshiah Rudrayya learned counsel for the petitioner. 2. Having considered the submission that is made by learned counsel for the petitioner and upon going through the entire material that is brought on record, this Court is of the view that the writ petition can be disposed of without notice to the respondent. Thus notice to respondent is dispensed with. 3. Being aggrieved by the order passed by the Family Court, Davanagere on I.A No.V in M.C. No.340/2023 dated 01.12.2025, this writ petition is filed. 4. It is not in dispute that the petitioner herein is the wife of the respondent. Respondent filed a petition under Section 13 (1)(ia) of the Hindu Marriage Act seeking a decree of divorce. During the dependency of proceedings in the said case, respondent moved an interlocutory application i.e., I.A No.V seeking the Court to permit him to produce the documents mentioned therein. The Court allowed the said application and - 4 - HC-KAR NC: 2026:KHC:4629 WP No. 386 of 2026 aggrieved by the same, respondent therein filed the present writ petition. 5. Learned counsel for the petitioner submits that respondent through I.A No.V produced certain documents which contains the details of certain chats alleged to have been made by the petitioner with other persons. Learned counsel states that such chats if any made by the petitioner were prior to her marriage with the respondent and therefore they have no relevance to the case which is pending before the Family Court and therefore the Court ought to have dismissed the application filed by the respondent herein seeking permission to produce those documents. Learned counsel also states that the respondent did not furnish any information whatsoever in respect of source of such information he collected. 6. As per the version of the respondent, the petitioner had conversation with other persons which reveals her character and therefore to establish his version, he is required to produce the relevant documents. Only when the documents are put to scrutiny that too after deciding whether the documents produced can be considered to be evidence - 5 - HC-KAR NC: 2026:KHC:4629 WP No. 386 of 2026 admissible under the Provisions of Indian Evidence Act, the Court will take a decision regarding the genuineness of those documents and their reliability. The Court expressing the same opinion has allowed the petition filed by the respondent herein. Therefore, this Court is of the view that there is no infirmity whatsoever in the impugned order. 7. Hence, the writ petition stands dismissed. 8. As the writ petition is disposed of dispensing notice to respondent, Family Court to furnish a copy of this order to respondent. 9. Registry to forward copy of this order to Family Court, Davanagere forthwith. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 22