IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 28169 OF 2023 (GM-FC)

C/W WRIT PETITION NO. 1566 OF 2024 (GM-FC)

IN WP No. 28169/2023 BETWEEN:

SRI. MOHANKUMAR @ MOHAN KUMAR. P, S/O. SRI. PUTTANANJAIAH, AGED ABOUT 39 YEARS, R/AT.KESARI NANDANA NILAYA, OPPOSITE GOVT. HIGHER PRIMARY SCHOOL, K. PALASANDRA VILLAGE, GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 118.

…PETITIONER Digitally signed (BY SRI. NANDISH GOWDA G.B., ADVOCATE)

by MEGHA MOHAN AND:

Location: HIGH COURT OF SMT. UMA. N @ HIMASHREE, KARNATAKA D/O. LATE L.M. NINGAPPA, W/O. SRI. MOHAN KUMAR @

MOHAN KUMAR P., AGED ABOUT 31 YEARS, R/AT HOSAHALLI VILLAGE, NITTUR HOBLI, GUBBI TALUK, NOW R/AT C/O. SRI. SHIVAKUMARAIAH (BOREKUMARAIAH), NEAR GRAMA PANCHAYATHI, K. PALASANDRA VILLAGE, GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 118.

…RESPONDENT (BY SRI. ADAVEESHAIAH. B, ADVOCATE)

THIS W.P. IS FILED PRAYING TO QUASH THE IMPUGNED ORDER DATED 09.10.2023 PASSED BY THE COURT OF THE PRINCIPAL JUDGE FAMILY COURT, TUMAKURU ON I.A.NO.7 IN MC NO.141/2020 VIDE ANNX-A AND ETC.

IN WP NO. 1566/2024 BETWEEN:

SRI. MOHAN KUMAR. P @

MOHANKUMAR @ SHANKAR MOHAN, S/O. SRI. PUTTANANJAIAH, AGED ABOUT 39 YEARS, R/AT KESARI NANDANA NILAYA, OPPOSITE GOVT. HIGHER PRIMARY SCHOOL, K. PALASANDRA VILLAGE, GULUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572118.

...PETITIONER (BY SRI. NANDISH GOWDA G.B., ADVOCATE)

AND:

1. SMT. UMA .N @ HIMASHREE, D/O. LATE L.M. NINGAPPA, W/O. SRI. MOHAN KUMAR. P @

MOHAN KUMAR @ SHANKER MOHAN, AGED ABOUT 32 YEARS, 2. KUM. YOGASHREE P.M., D/O. SRI. MOHAN KUMAR P.

@ MOHANKUMAR @ SHANKAR MOHAN, AGED ABOUT 7 YEARS, 2^ND RESPONDENT IS A MINOR, REP. BY HER NATURAL GUARDIAN AND NEXT FRIEND 1^ST RESPONDENT BOTH ARE R/AT C/O SHIVAKUMARAIAH, (BORE KUMARAIAH)

OPP. GRAMA PANCHAYATHI K. PALASANDRA VILLAGE, GULUR HOBLI, TUMKUR DISTRICT, TUMKURU-572 118.

...RESPONDENTS (BY SRI. ADAVEESHAIAH B, ADVOCATE FOR R1 R2-YOGASHREE P.M., SD)

THIS WP IS FILED PRAYING TO QUASH THE IMPUGNED ORDER DTD 17.10.2023 VIDE ANNEXURE-A PASSED BY THE COURT OF THE PRINCIPAL JUDGE FAMILY COURT, TUMAKURU ON I.A.NO.7 IN C.MISC.NO.21/2021 AND ETC.

THESE PETITIONS, COMING ON FOR PRILIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

IN W.P.No.28169/2023 WP.No.28169/2023 is filed aggrieved by the order passed in I.A.No.7 in M.C.No.141/2020 dated 09.10.2023 by the Principal Judge, Family Court, Tumkur whereby the Family Court had dismissed the I.A.No.7 filed by the husband under Section 151 Read with Order 18 Rule 17 of CPC to recall PW1 to produce some electronic evidence.

2. The parties are referred to as husband and wife for the sake of convenience.

3. It is the case of the husband that the wife is having illegal relationship with one person and she communicated with that person through telephone and the same is recorded by herself and after knowing the fact the husband had downloaded the same to one electronic device. He wants to produce and demonstrate the same before the Court. The Family Court had dismissed the said application by observing that on behalf of the respondent partly cross examined PW1. Subsequently in spite of sufficient opportunities the respondent side had not further cross examined PW1. Therefore, on 01.12.2022 the Court had taken as further cross-examination of PW1 nil and at the request of the counsel for the petitioner adjourned the case for further evidence of the petitioner. In spite of sufficient opportunities, the petitioner side not adduced further evidence. Therefore, on 23.02.2023 by rejecting the prayer of the petitioner side, posted the case for respondent evidence on 06.03.2023. On 06.03.2023, at the request of the counsel for the respondent adjourned the case to 17.03.2023 for respondent evidence. On that day the counsel for the respondent filed I.A.Nos.5 and 6 to recall PW1 for further cross examination. In spite of sufficient opportunities