IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 28301 OF 2024 (GM-FC)

BETWEEN:

ANIL ALEX ABRAHAM

SON OF MR ABRAHAM CHANDY

AGED 43 YEARS

PRESENTLY R/AT NO 1112 AND 1113

4TH MAIN D BLOCK

AECS LAYOUT

BANGALORE 560037

…PETITIONER

(BY SRI. ARUN GOVINDRAJ., ADVOCATE)

AND:

LARA MARY MATHAI

AGED ABOUT 43 YEARS

W/O ANIL ALEX AGRAHAM

R/AT NO 215, JAL VAYU VIHAR

Digitally signed KAMAMNAHALLI

by MEGHA

MOHAN BANGALORE- 560043

Location: HIG H

…RESPONDENT

COURT OF

KARNATAKA (BY SMT. GEETA MENON, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDI.A PRAYING TO-ALLOW THE APPLICATION IN I.A NO. 16/2024 FILED ON 09.07.2024 BY THE PETITIONER IN MC NO. 738/2015 PENDING ON THE FILE

OF THE HONBLE PRL. FAMILY COURT JUDGE, AT BENGALURU.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

Aggrieved by the order passed in I.A No.16 in MC No.738/2015 c/w MC No. 5326/2017 dated 23.08.2024, by the Principal Family Court Judge, at Bengaluru, the husband is before this Court.

2. Parties are referred to as husband and wife, for the sake of convenience.

3. The husband has filed M.C. No.738/2015 seeking restitution of conjugal rights and wife has filed M.C. No.5326/2017 seeking divorce. In the year 2018, the wife has filed an application in I.A No.13, seeking a direction to the husband to pay a sum of Rs. 53,77,263/- with interest at 18% per annum till realisation, being the loss of income and monetary loss caused by the husband to the wife by forcing the wife to use her earnings thereby causing losses in the interest of justice and equity. The Family Court has kept this application in abeyance and proceeded with the main matter. To this I.A, the husband has filed objections on 12.09.2019. Thereafter, the evidence has started. In the evidence, when it is suggested to the husband in connection with the expenses with regard to the premium and other household expenses which the wife had spent, it is the case of the husband that for everything he can produce the Bank statements and he can produce the documents in support of his case.

4. Thereafter, after the the cross-examination of the husband is completed, wife had filed I.A No. 15 along with her evidence, she wants to produce the Bank statements and other documents in support of I.A No. 15. At that time, the husband has filed I.A No. 16. According to the husband, the wife is not filing the entire Bank statement. If the entire Bank statement is filed, all the facts will come to light. The husband has filed I.A No. 16 seeking the wife to file Bank statements for the period from 22.08.2009 to 31.12.2014 in respect of ICICI Bank Account, two HDFC Bank Accounts and to produce entire SMS chat histories from 22.08.2009 to 31.12.2014 instead of the extracts of the chat. The Family Court, by order impugned had allowed the application filed by the wife and dismissed the application filed by the husband.

5. While dismissing the application, the Family Court has observed that if it is the case of the husband that he has deposited, then he can produce his own Bank account statements. Therefore, with reference to those transactions there is no need for issuance of directions against the wife. The Family Court further observed that the relief sought for by both the parties is for dissolution of marrI.Age and restitution of conjugal rights, with reference to permanent alimony, financI.Al status of the parties is required to be considered. Therefore, there is no need for issuance of direction against respondent- wife to produce Bank statements from the year2009 - 2014. If the documents sought to be produced under Item No. 15 are admitted in evidence, then the petitioner/husband will get a chance to cross-examine the respondent/wife on each document. Therefore, it will not cause any injustice to the petitioner/husband. Even