R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.1154 OF 2026 (GM-FC)

BETWEEN:

SMT. SHRUTHI V., W/O. PRAVEEN B. N D/O. VENKATESH, AGED ABOUT 35 YEARS, RESIDENT OF NO.305, NEAR SRINIVASA MEDICAL STORES, M.H.S ROAD KANAKAPURA TOWN, RAMANAGARA - 562117 …PETITIONER (BY SRI. MALLIKARJUNA R.MADAWAL, ADVOCATE)

AND:

Digitally signed by AASEEFA 1. SRI B N PRAVEEN PARVEEN S/O NANJEGOWDA Location: HIGH AGED ABOUT 42 YEARS, COURT OF KARNATAKA R/AT NO.42/3, 2ND CROSS, NEXT TO MUNESHWARA TEMPLE, MUNESHWARANAGAR, B'LORE- 560 061.

2. SRI. BASAVARAJ M., S/O MAHADEV, AGED ABOUT 36 YEARS, C/O. SMT. LINGAMMA, NO.38, 1ST FLOOR, 1ST MAIN ROAD, MUNESHWARANAGAR, BANGALORE-560061.

3. SRI. SHARATH KUMAR S/O NOT KNOWN, AGED ABOUT 38 YEARS, NO.30, 2ND CROSS, MUNESHWARANAGAR, BANGALORE- 560061 …RESPONDENTS (BY SRI. N. VAGEESH, ADVOCATE FOR C/R1 IN CP NO. 26237/2025)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND THEREBY BY SET ASIDE THE ORDER DATED 28.11.2025 PASSED ON THE INTERIM APPLICATION NO.30, DATED 25.11.2025 FILED UNDER ORDER XVIII RULE 17 READ WITH SECTION 151 OF CPC IN MC NO.2270/2019 BY THE HON BLE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE VIDE ANNEXURE 'A' , AND ALLOW THE IA NO.30 DIRECTING THE TRIAL COURT TO PERMIT THE PETITIONER HEREIN TO CROSS EXAMINE PW-1 IN FURTHER AND ALSO TO LEAD HER EVIDENCE IN ACCORDANCE WITH LAW AND TO AWARD THE COST OF THIS PETITION.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

ORAL ORDER

Heard Sri.Mallikarjuna R Madawal learned counsel for the petitioner as well as Sri.N.Vageesh learned counsel for respondent No.1.

2. Seeking the Court to issue a writ of certiorari and to quash the order that is passed by the Court of III Additional Principal Judge, Family Court, Bengaluru on I.A.No.XXX in M.C.No.2270/2019 dated 28.11.2025, this writ petition is filed.

3. Respondent No.1 filed a petition which came to be numbered as M.C.No.2270/2019 seeking the relief of dissolution of marriage by decree of divorce. In the said case petitioner/wife filed several interlocutory applications of which I.A.No.XXX is to recall PW1 for further cross- examination. The said petition was dismissed by the Family Court, Bengaluru and aggrieved by the same, this writ petition is filed.

4. For just disposal of writ petition, this Court feels narration of the flow of proceedings before the Family Court are essential. Therefore, this narration:

(i) Respondent No.1 herein (hereinafter be referred to as the husband) filed a petition against the petitioner herein (hereinafter be referred to as the wife) seeking dissolution of marriage by decree of divorce and the said petition came to be registered on 22.04.2019.

(ii) Wife entered into appearance through her counsel on 19.10.2019.

(iii) Wife failed to file her counter within time or within reasonable time and therefore, cross- examination of PW1 by her was treated as nil through order dated 22.06.2022.

(iv) Wife filed I.A.No.VII seeking permission to file counter/statement of objection and the said application came to be allowed on 30.06.2022.

(v) Wife filed I.A.Nos.VIII and IX seeking the Court to reopen the case and to recall PW1 for cross- examination. Both the applications came to be allowed by order dated 16.09.2022.

(vi) When wife was supposed to cross-examine PW1, she filed an application under Order XVII read with Section 151 CPC seeking adjournment.

(vii) Wife cross-examined PW1 in part on

19.10.2022. The matter was adjourned to

24.11.2022.

(viii) Case was called twice on 24.11.2022 but wife did not turn up. Hence, further cross-

examination of PW1 was taken as nil.

(ix) Wife files two interlocutory applications vide I.A.No.XII and XIII seeking the Court to reopen the case and to recall PW1 for further cross- examination. Both the applications were allowed