Allowed¶29

Dr. Deepak S/O Ramadas v. Smt Vidya W/O Deepak Ramdas

Karnataka HC25 Feb 2025WP/100275/2025

Case brief

AI extract

What is this about?

Certiorari; Order XVI Rule 6 r/w 151 CPC summons application dismissed at final-arguments stage; Family Court Hubballi MC No.497/2023; Section 13(1)(ia) Hindu Marriage Act divorce proceedings; disposal on respondent's no-objection affidavit after stay of trial proceedings; Articles 226 and 227 Constitution; GM-FC writ; Dharwad Bench; Justice Suraj Govindaraj; WP No.100275 of 2025.

What did the court decide?

Writ of certiorari issued; order dated 08.01.2025 of the I Additional Principal Judge, Family Court, Hubballi in MC.No.497/2023 on I.A.No.12 set aside; I.A.No.12 allowed; formal order of summons directed to be issued by the trial Court. ¶29

Dr. Deepak S/O Ramadas Vs Smt Vidya W/O Deepak… — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of certiorari should be issued to quash the order dated 08.01.2025 of the I Addl. Prl. Judge, Family Court, Hubballi dismissing I.A.No.12 (filed under Order 16 Rule 6 r/w 151 CPC) in MC No.497/2023 on the ground that it was filed at the stage of final arguments.

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Ratio / Principle

Writ petition allowed; writ of certiorari issued setting aside the order dated 08.01.2025 passed by the I Additional Principal Judge, Family Court, Hubballi in MC.No.497/2023 on I.A.No.12, and consequently I.A.No.12 is allowed.

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Key takeaways

Formal order of summons is directed to be issued by the trial Court in terms of the order allowing I.A.No.12.ratio¶29
The disposal rests on the respondent's counsel's submission (placed on record) and the respondent's affidavit that, the proceedings before the trial Court having been stopped by an order of stay, the respondent had no objection to allowing the writ petition and thereby allowing the application filed under Order XVI Rule 6 of the CPC.ratio¶26

Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench (Suraj Govindaraj, J.) allowed W.P. No.100275 of 2025 (GM-FC) filed under Articles 226 and 227 of the Constitution of India. The petitioner-husband (Dr. Deepak) sought certiorari against the order dated 08.01.2025 of the I Addl. Prl. Judge, Family Court, Hubballi in MC No.497/2023 dismissing his I.A.No.12, filed under Order XVI Rule 6 r/w 151 CPC, seeking summons for documents from the employer of the respondent-wife (Smt. Vidya) in divorce proceedings under Section 13(1)(ia) of the Hindu Marriage Act; the application had been dismissed because it was filed at the stage of final arguments. Since an order of stay had stopped the proceedings before the trial Court, the respondent, through her counsel and by affidavit, conveyed no objection to allowing the writ petition and the application. Accordingly, the writ of certiorari was issued, the impugned order was set aside, I.A.No.12 was allowed, and the trial Court was directed to issue a formal order of summons.

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1 - NC: 2025:KHC-D:3778 WP No. 100275 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100275 OF 2025 (GM-FC)

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BETWEEN:

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DR. DEEPAK S/O. RAMADAS, AGE: 38 YEARS, OCC: PROFESSOR, DEPARTMENT OF ANESTHESIA, R/O. 12/15, 1^ST FLOOR, SUBRAMANYA SWAMYNAGAR, VALASARAVAKKAM, CHENNAI, TAMILNADU-600087, OFFICE AT ESIC HOSPITAL, KK. NAGAR, CHENNAI AND ALSO AT @ 750, 7^TH A MAIN HRBR LAYOUT, 1^ST BLOCK, BENGALURU-560043.

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Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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…PETITIONER (BY SRI. SUNITHA P. KALASOOR, ADVOCATE) AND: SMT. VIDYA W/O. DEEPAK RAMDAS, AGE: 32 YEARS, OCC: HOUSEHOLD WORK, R/O. R.V. SHETTY CHAWL, TABIB LAND, HUBBALLI-580020.

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…RESPONDENT

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(BY SRI. MAHESH WODEYAR, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI TO QUASH THE ORDER DATED 08.01.2025 PASSED BY THE LEARNED I ADDL. PRL. JUDGE FAMILY COURT, HUBBALLI, IN MC NO.497/2023 ON I.A.NO.12 FILED UNDER ORDER 16 RULE 6 R/W 151 OF CPC PRODUCED AT ANNEXURE-F AND ETC.

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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: 2025:KHC-D:3778 WP No. 100275 of 2025

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioner is before this Court seeking for the

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following relief:

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a) Issue a Writ or order in the nature of certiorari to quash the order dated 08.01.2025 passed by the learned I Addl. Prl. Judge Family Court, Hubballi, in MC No.497/2023 on I.A.No.12 filed under order 16 Rule 6 r/w 151 of CPC produced at AnnexureF.

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b) Any such other order/s as this Hon’ble Court deems fit on the facts and circumstances of the case.

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Respondent had filed a proceedings under Section 13(1)(ia) of the Hindu Marriage Act in MC.No.497/2023. The petitioner-husband had filed an application under Order XVI Rule 6 of the CPC for summoning of certain documents from the employer of the petitioner-wife. The said application came to be dismissed vide order dated 08.01.2025 since the application had been filed at the stage of final arguments. It is challenging the same, the petitioner is before this Court.

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Learned counsel for the respondent-husband submits that due to the order of stay which had been passed,

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3 - NC: 2025:KHC-D:3778 WP No. 100275 of 2025

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the proceedings before the trial Court has been stopped, as such the respondent has no objection to allowing the writ petition and thereby allowing the application filed under order XVI Rule 6 of the CPC. His submission is placed on record. An affidavit of respondent also has been filed in this regard. In that view of the matter, I pass the following :

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ORDER

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(i) Writ petition is allowed.

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(ii) Writ of certiorari is issued. The order dated 08.01.2025 passed by the I Additional Principal Judge, Family Court, Hubballi in MC.No.497/2023 on I.A.No.12 filed under Order XVI rule 6 of CPC is set aside. Consequently, I.A.No.12 is allowed. Formal order of summons is directed to be issued by the trial Court in terms of the above order.

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CKK CT-MCK List No.: 2 Sl No.: 43

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Sd/(SURAJ GOVINDARAJ) JUDGE

Dr. Deepak S/O Ramadas v. Smt Vidya W/O Deepak Ramdas

Case brief

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Dr. Deepak S/O Ramadas v. Smt Vidya W/O Deepak Ramdas

Case brief

What is this about?

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What the court decided

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