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2026 DAILYLAW 51535 (KAR)

SRI.ROHIT MANJUNATH BALEKUNDRI @ MANJUNATH BALEKUNDRI v. SRI.D.P.GANGADHAR

WP/36729/2025 · 2026-01-22

Chillakur Sumalatha

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3746 WP No. 36729 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 36729 OF 2025 (GM-FC) BETWEEN: SRI. ROHIT MANJUNATH BALEKUNDRI @ MANJUNATH BALEKUNDRI, AGED ABOUT 46 YEARS, S/O VEERANNA V BALEKUNDRI C/O K. RAJASHEKAR, NO. 44 TRISHUL, 7TH MAIN, 4TH CROSS, SUBBANNA GARDEN, BENGALURU - 560 040. B.E MECHANICAL, WORKING IN SOFTWARE COMPANY. …PETITIONER (BY SRI. ROHIT MANJUNATH BALEKUNDRI @ MANJUNATH BALEKUNDRI, PARTY IN PERSON) AND: 1. SRI. D.P. GANGADHAR FATHER OF SM.T AKSHATHA D.G EX-FATHER-IN-LAW OF ROHIT @MANJUNATH BALEKUNDRI AGED ABOUT 65 YEARS, RETD BANK MANAGER. 2. SMT. AKSHATHA D.G AGED ABOUT 38 YEARS, D/O D.P GANGADHAR EX-WIFE OF ROHIT @MANJUNATH BALEKUNDRI M.TECH IN COMPUTERS, TEACHING PROFESSIONAL Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3746 WP No. 36729 of 2025 3. MASTER SHUBAN M. B AGED ABOUT 14 YEARS, S/O ROHIT @MANJUNATH.B REP. BY SMT. AKSHATHA D.G RESPONDENT NO.2 STUDYING 8TH STD AT SRI TARALABALU SCHOOL DAVANGERE ALL RESPONDENTS RESIDENTS OF NO. 3428 C-61A, 62, 62-A PANCHASANGAMA, KUNDWADA ROAD BASAVESHWARA LAYOUT, DAVANGERE - 577 006 …RESPONDENTS THIS WP IS FILED PRAYING TO A) KINDLY CONNECT THIS MATTER WITH R.P.F.C 60 AND 34/2018B) KINDLY PASS INTERIM STAY ORDER TO STOP INJURY BEFORE THE ULTIMATE JUDGMENT IS RENDERED THAT CALL FOR IMMEDIATE RELIEF TO BE PRODUCED AGAINST CRL MISC 144/2025 AS PER DIRECTIONS FROM TRIAL COURT AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:3746 WP No. 36729 of 2025 ORAL ORDER Heard Sri. Rohit M. Balekundri, the writ petitioner who appears as party in person. This writ petition is filed seeking following reliefs:- a) To pass an order that respondent No.1/ex-father-in-law and respondent No.2/ex- wife are responsible for desertion, cruelty, irretrievable break down of marriage, maintenance and child custody cases by considering "Annexure-C,E" and lower court records/exhibits. Respondent No.1 himself kept other respondents since from birth of child to pressurize petitioner to settle into respondent No.1/ex-father-in-law family as house-son-in-law condition refused to send them without any justifiable reasons to matrimony home to lead happy married life and maintain them financially which caused violation of fundamental rights. b) To pass an order respondent No.2/ex-wife not entitle for maintenance as per reasons recorded in the order dated: 04 January 2018 passed by Principal Judge Family Court, Bengaluru in Crl.Misc.111/2015 as marked as "Annexure-A" by considering that legal second wife, daughter to be maintained by petitioner. - 4 - HC-KAR NC: 2026:KHC:3746 WP No. 36729 of 2025 c) To allow supportive maintenance Rs.3000/- per month payable by petitioner to respondent No.3 from the date of the petition till the child attains the age of majority due to forcefully keeping child within family of respondent No.1 for their family benefit as per marked "Annexure-E", also further complete father and son emotional relationship damage made by respondent No.1 and No.2 as per marked as "Annexure-D1 & D2". 2. Office raised an objection with regard to the maintainability of the writ petition. The matter is heard regarding its maintainability. 3. Petitioner who appears as party in person submits that disputes arose between him and his ex-wife due to the attitude of his ex-father-in-law. He submits that he filed a petition seeking a decree of divorce and his petition was allowed and thereafter he contacted another marriage and gave birth to a child. He submits that to extract money through his ex-wife, his ex-father-in-law started litigation. He also states that his ex-father-in-law tried to keep him at his house and when he refused, he kept his - 5 - HC-KAR NC: 2026:KHC:3746 WP No. 36729 of 2025 ex-wife away from him. He submits that as his fundamental rights were violated he filed the present writ petition. 4. The writ petition is not maintainable for more than one reason. This Court in a writ petition cannot decide whether the ex-father-in-law of the petitioner and his ex- wife are responsible for desertion, cruelty and irreparable breakdown of marriage. Thus, relief No. 1 as sought for cannot be granted. 5. Another relief that is sought for is to pass an order holding that his ex-wife is not entitled for maintenance. As per the version of the petitioner himself the Court of Principal Judge, Family Court, Bangalore through orders in Criminal Miscellaneous Case No. 111/2015 dated 04.01.2018 held that petitioner No.1 therein i.e., the ex- wife of the petitioner herein is not entitled for maintenance and aggrieved by the said order she filed a revision petition vide RPFC No.60/2018 and the same is pending before this Court. Thus, as of now the petitioner has got a - 6 - HC-KAR NC: 2026:KHC:3746 WP No. 36729 of 2025 favourable order from the trial Court. Again the relief sought for that is to order that his ex-wife is not entitled for any maintenance that too basing on same order i.e., the order dated 04.01.2018 in Criminal Miscellaneous Case No. 111/2015 cannot be entertained. 6. The writ petition for third relief in respect of supportive maintenance of Rs.3,000/- per month to be payable by the petitioner to respondent No.3 is also not maintainable as two RPFCs, one filed by the petitioner himself that is RPFC No.34/2018 and another filed by the ex-wife of the petitioner and the child RPFC No.60/2018 are pending. 7. Thus, viewed from any angle this writ petition is not maintainable. 8. Therefore, the writ petition stands dismissed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 0