Dismissed

Suman v. Smt C G Meenakshi

Karnataka HC10 Sept 2024WP/10354/2022

Case brief

AI extract

What is this about?

The High Court dismissed the present Writ Petition filed under Article 227 challenging a Family Court order. The Court held that the petitioner is obligated to file a Revision Petition under Section 115 CrPC instead and disposed off the petition while granting liberty to seek the appropriate remedy.

What did the court decide?

Writ Petition dismissed with liberty to file appropriate remedy under Section 115 CrPC.

Suman Vs Smt C G Meenakshi — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:36841 WP No. 10354 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10354 OF 2022 (GM-FC)

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BETWEEN:

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SUMAN S/O LATE B.PRAKASH AGED ABOUT 24 YEARS

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CHETAN P @ SUHAS S/O LATE B.PRAKASH AGED ABOUT 22 YEARS

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YUGADEVI W/O LATE B. PRAKASH AGED ABOUT 57 YEARS

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PETITIONERS ARE RESIDING AT NO. 44/1, 2^ND CROSS KALIDAS LAYOUT, SRINAGARA BENGALURU – 560 050

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…PETITIONERS

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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(BY SRI. SHARATH GOWDA G.B., ADVOCATE)

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AND:

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SMT.C.G.MEENAKSHI W/O LATE B.PRAKASH AGED ABOUT 49 YEARS

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RAHUL P., S/O C.G.MEENAKSHI AGED ABOUT 16 YEARS MINOR REP BY NATURAL GUARDIAN MOTHER SMT C.G.MEENAKSHI

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BOTH RESPONDENTS NO.1 AND 2 ARE RESIDENTS OF #33/1, 2^ND CROSS CHOLURPALYA BENGALURU NORTH

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2 - NC: 2024:KHC:36841 WP No. 10354 of 2022

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BENGALURU - 560 023

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PRESENT RESIDING AT NO. 65/B 2^ND FLOOR, PIPE LINE MANUVANA VIJAYANAGAR BENGALURU - 560 040

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THE SECRETARY THE HEALTH AND FAMILY WELFARE ASSOCIATION GOVERNMENT OF KARNATAKA ROOM NO.113, 1^ST FLOOR, VIKAS SOUDHA DR.AMBEDKAR VEEDHI BENGALURU - 560 001

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THE JOINT DIRECTOR FAMILY AND WELFARE ASSOCIATION ANANDA RAO CIRCLE SESHADRI ROAD BENGALURU - 560 009

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THE SUPERINTENDENT FAMILY AND WELFARE ASSOCIATION ANANDA RAO CIRCLE SESHADRI ROAD BENGALURU - 560 009

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…RESPONDENTS

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(BY SRI. NANJUNDA SWAMY N., ADVOCATE FOR R1 & R2 SRI.MOCHAKANUR, AGA FOR R3-R5)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED: 29.10.2021 PASSED IN O.S.NO.429/2019 ON THE FILE OF THE II ADDITIONAL PRINCIPAL FAMILY COURT JUDGE ON IA NO.V BENGALURU PRODUCED AS ANNXURE-A.

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

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NC: 2024:KHC:36841 WP No. 10354 of 2022

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present Writ Petition is filed aggrieved by the order passed in I.A.No.V in O.S.No.429/2019 by the II Addl. Principal Judge, Family Court, Bengaluru filed under Order 7 Rule 11(d) of CPC.

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Learned counsel for the respondent has taken objections that against the impugned order petitioner cannot file a Writ Petition under Article 227 of the Constitution of India, necessarily he has to file a Revision Petition under Section 115 of CrPC.

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Learned counsel for the petitioner submits that he will take the necessary steps.

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Accordingly, the Writ Petition is disposed off giving liberty to the petitioner to avail the appropriate remedy.

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All I.As., in the Writ Petition, shall stand closed.

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SD/- (LALITHA KANNEGANTI) JUDGE

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List No.: 1 Sl No.: 5

Suman v. Smt C G Meenakshi

Case brief

What is this about?

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Suman v. Smt C G Meenakshi

Case brief

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