Mr Santhosh D Souza Vs Mrs Y Sushma Shenoy Alias Sushma

…RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE/QUASH THE IMPUGNED ORDER DATED 10-06-2025 PASSED BY THE HON’BLE PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA KANNADA, MANGALURU IN MC NO 179/24 REJECTING IA NO XV TO IA NO XVII FILED BY THE PETITIONER HEREIN UNDER SECTION 151, ORDER XVI RULE 1 READ WITH SECTION 151 AND ORDER XVI RULE 1 READ WITH SECTION 151 AND ORDER XVIII RULE 17 READ WITH SECTION 151 OF CPC VIDE ANNEXURE-A AND CONSEQUENTLY.

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

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NC: 2025:KHC:23273 WP No. 18837 of 2025

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HC-KAR

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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Aggrieved by the order passed in I.A.Nos.15 to 17 in M.C.No.179/2024 dated 10.06.2025 by the Principal Judge, Family Court, Dakshina Kannada, Mangaluru, the petitioner/ husband is before this Court.

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The parties are referred to as husband and wife for the sake of convenience.

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It is the case of the husband that he had filed M.C.No.179/2024 seeking divorce on the ground of mental cruelty. After the evidence of the parties is closed, the present applications came to be filed to summon the Inspector of Police to produce the entire file of Cr.No.21/2023 including the affidavit filed by the wife. In support of the said applications the memorandum of facts are filed wherein it stated that the matter is now posted for arguments. It is submitted that after the conclusion of the cross examination of RW1, the said witness deposed falsely before the Court and made several baseless allegations against the husband which are devoid of truth. In order to establish his innocence and clarify the record,

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NC: 2025:KHC:23273 WP No. 18837 of 2025

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HC-KAR

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it is essential for the husband to summon the Inspector. Furthermore, the document sought to be summoned is highly relevant and material for the adjudication of the case and it is also undertook that the proposed witness will be examined without seeking any unwarranted adjournments. Hence, the husband sought for summoning the Inspector of Police along with the case record.

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The I.As. came to be dismissed by way of impugned order wherein the Family Court had observed that both parties have already adduced evidence and case is pending for final arguments on merits and the Family Court also discussed about what has been stated in the memorandum of facts and the contentions of both the parties. It is further observed that the husband and wife are shown as accused Nos.2 and 3 in the Ex.P.3 FIR registered by CEN Crime P.S. in Cr.No.21/2023. Ex.P.4 is the copy of the first information statement lodged by Secretary of MACO Co-Op. Society. Ex.P.5 is the ‘B’ final report produced by the police in the said proceedings. The husband has already produced the documents. Hence, the Family Court felt that summoning the Inspector of Police, CEN Police Station

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HC-KAR

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and entire file relating to Cr.No.21/2023 and affidavit are not

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relevant for the decision of the case. Summoning of those documents on the witness is irrelevant for deciding the dispute in the matrimonial proceedings and accordingly, dismissed the applications.

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Learned counsel appearing for the petitioner/

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husband submits that the wife had subjected both the petitioner and the entire family to lot of mental cruelty and because of her acts the entire family was shown as accused. To demonstrate the same which is denied by the wife, it is relevant that the officer be summoned along with the documents. The Family Court without considering any of the contentions raised by the petitioner/ husband had dismissed the applications. It is further submitted that the endorsement which is filed at page No.36 of this writ petition is very much relevant and the same is denied by the wife as such they had to file these applications to summon the officer along with the record. He submits that if the applications are allowed, they would examine the officer without any further delay. It is further submitted that when he has made an application under

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HC-KAR

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the RTI Act, the same was not furnished to the petitioner/ husband as such all the more it is relevant and appropriate to allow these applications. It is submitted that if these applications are allowed, no prejudice would be caused to the respondent/wife.

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Having heard the learned counsels on either side,

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perused the material on record. The M.C.179/2024 is filed seeking divorce on the ground of mental cruelty. The entire evidence is closed and at that juncture, these I.As. came to be filed to summon the Inspector of Police and also to summon the record pertaining to the crime. This Court had perused the memorandum of facts in support of the I.As. Absolutely there is no whisper with regard to what is that the wife had falsely stated or what is the allegations that are made by the wife against the husband and for what purpose the petitioner/husband wants to summon the Inspector of police and the record. The whole purpose of filing an affidavit in support of an I.A. is to state precisely what are the reasons for which they have filed these applications and what is the requirement of that, which is absent in the applications that is

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HC-KAR

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filed before the Family Court. Then, the M.C. is filed seeking divorce on the ground of mental cruelty and he had alleged several acts with regard to how the acts of the wife amounts to cruelty and as rightly observed by the Family Court Ex.P.3 FIR, Ex.P.4 copy of the first information statement and Ex.P.5 ‘B’ report are before this Court and the finding of the Family Court is that these documents are irrelevant for considering the dispute between the parties. In the considering opinion of this Court, the Family Court had passed a well considered order and no interference is called for. Hence, this Court is passing the following:

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ORDER

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