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WP No. 3214 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF APRIL, 2026

BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO

WRIT PETITION NO.3214 OF 2025 (GM-FC)

BETWEEN:

SMT. CHANDRAKALA V.B.

DAUGHTER OF BABU, WIFE OF JANARDHAN AGED ABOUT 26 YEARS

RESIDING AT VADDARAHALLI MAKAVALLI KRISHNARAJPET MANDYA -571 426.

…PETITIONER (BY SMT. VASUNDHARA T.P.,ADVOCATE)

AND:

SRI. JANARDHAN R. SON OF RANGAPPA, AGED ABOUT 40 YEARS,

RESIDING AT NO.377, Digitally signed by MARIYA NILAYA, VIJAYALAKSHMI 28^TH WARD KORAMARAPETE,

B N CHIKBALLAPURA CITY AND DISTRICT- 562 101.

Location: HIGH COUR T OF NOW R/AT KARNATAKA

ALAMBADI RANGASWAMY NILAYA, VAPASANDRA NORTH EXTENSION, AND WARD, I 1^ST DIVISION,

CHIKBALLAPUR CITY- 562 101.

…RESPONDENT (BY SRI. SUDHAKAR G.V.,ADVOCATE (VC))

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED M.C.NO.59/2024 BY DATED:27.01.2025 PASSED IN THE LEARNED PRL.FAMILY JUDGE, CHIKKABALLAPURA, AS PER ANNEXURE-E AND THEREBY ORDERED TO ALLOW THE I.A FILED UNDER ORDER 18 RULE 17 AND I.A UNDER SECTION 151 OF THE CODE OF THE CIVIL PROCEDURE PER ANNEXURE-C AND D AND ETC.

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WP No. 3214 of 2025

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 16.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE

FOLLOWING:

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

CAV ORDER

The present writ petition is filed praying for issuance

of a writ of certiorari to set aside the impugned order dated 27.01.2025 passed in M.C.No.59/2024 by the learned Principal Family Judge, Chikkaballapura (‘the Family Court’ for short) (Annexure-E), whereby the applications filed under Order XVIII Rule 17 and Section 151 of the Code of Civil Procedure, 1908 seeking reopening of the case and recall of PW-1 for cross- examination, (Annexures C and D) came to be rejected,

and consequently to allow the said applications.

2. The petitioner herein/wife is the respondent

before the Family Court and the respondent

herein/husband is the petitioner before the Family Court.

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WP No. 3214 of 2025

3. For convenience of reference, the parties herein

are referred to as per their rankings before the Family

Court.

4. The brief facts of the case are that:-

The petitioner herein, who is the respondent before

the Family Court, in M.C.No.59/2024 on the file of the Family Court has called in question the order dated 25.01.2025 whereby the applications filed under Order XVIII Rule 17 read with Section 151 of the Code of Civil Procedure and under Section 151 CPC, seeking reopening of the case and recall of PW-1 for cross-examination, came

to be rejected.

5. The marriage between the respondent-wife and

the petitioner-husband was solemnised on 02.02.2020. The petitioner instituted M.C.No.59/2024 seeking dissolution of marriage. The respondent entered appearance and filed her statement of objections. Thereafter, the petitioner led evidence and the same was closed. At that stage, the respondent filed applications seeking reopening of the case and recall of PW-1 for the

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WP No. 3214 of 2025

purpose of cross-examination. The said applications were rejected by the Family Court by order dated 25.01.2025. It appears that, as per order dated 27.01.2025, the matter was posted for arguments. The last date of hearing before the Family Court was on 04.02.2025. This Court, by order

dated 06.02.2025, granted stay of further proceedings.

6. The grievance of the respondent is that the

Family Court has rejected the applications, thereby denying her a fair opportunity to cross-examine PW-1, which amounts to a violation of the principles of natural justice. The Family Court rejected the applications on the ground that the illness of the advocate, was not considered a valid ground for seeking adjournment and that sufficient opportunities had already been granted to

the respondent.

7. Heard learned counsel appearing on either side. 8. Having considered the impugned order and the

material on record