IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.1874 OF 2024 (GM-FC)

BETWEEN:

DR. MANJULA BHAT, AGED ABOUT 38 YEARS, W/O. MR. HARISH RAO, D/O SRI. SATYANARAYAN BHAT, PRESENTLY RESIDING AT:

B4, POETREE APRTMENT, KASAVANAHALLI, BENGALURU-560035.

…PETITIONER (BY SMT. POORNIMA, ADVOCATE FOR SMT. JAYASHREE PATIL, ADVOCATE)

AND:

MR. HARISH RAO, AGED ABOUT 39 YEARS, S/O SRI. GOPALAKRISHNA RAO, RESIDING AT:

C/O. VADHIRAJ S. AMIN, BUNTY'S HOUSE, II FLOOR, 1ST CROSS, VP NAGAR, SHIVALLI VILLAGE, UDUPI TALUK AND DISTRICT-576102 …RESPONDENT (BY SRI. ARUN K. S., ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 04.09.2023 ANNEXURE-A ON IA NO.10 PASSED BY THE IV ADDL. JUDGE, FAMILY COURT, BENGALURU IN M.C.NO.1901/2018.

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

CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Ms.Poornima, who represents Ms.Jayashree Patil, learned counsel on record for the petitioner as well as Sri.Arun.K.S, learned counsel for respondent.

2. Seeking the Court to set aside the order that is rendered by the Court of IV Additional Principal Judge, Family Court, Bengaluru on IA No.X in MC No.1901/2018 dated 04.09.2023, this writ petition is filed.

3. The status of the parties and their relationship is not in dispute. Thus the petitioner herein is the wife of the respondent. Wife filed a petition under Section 13(1)(ia) of Hindu Marriage Act, 1955 seeking a decree of divorce. When the matter was at the stage of cross-

examination of Pw.1, respondent filed a petition under Order XI Rule 12 read with Section 151 Cr.P.C seeking the Court to direct the petitioner herein to produce medical record in respect of the treatment of the petitioner at Sridhar Nursing Home, Shivamogga. Petitioner/wife resisted the said petition contending that the said medical record is not in her possession. The Family Court making an observation that it is for the petitioner to produce medical documents or else those documents have to be summoned from the concerned hospital, ultimately directed the petitioner to produce medical record and aggrieved by the same this writ petition is filed.

4. The consistent version of the petitioner/wife is that she is not in possession of the said medical record. Respondent who filed IA No.X has not produced any authentic proof to show that those documents are in possession of petitioner/wife. Therefore, this Court is of the view that, Family Court ought not to have directed the petitioner/wife to produce the said medical record.

Therefore, the writ petition is disposed of with the following:

ORDER (i) The order passed by the Court of IV Additional Principal Judge, Family Court, Bengaluru on IA No.X in MC No.1901/2018 dated 04.09.2023 is set aside. However, liberty is granted to respondent to move separate application for getting the relevant medical record summoned from the concerned nursing home.

(ii) The writ petition is accordingly disposed of.

Sd/-

(DR.CHILLAKUR SUMALATHA)

JUDGE NS CT:TSM List No.: 1 Sl No.: 39