IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.42185/2017 (GM-FC) BETWEEN:
JYOTIKA KAMATH W/O PRAKASH KAMATH AGED ABOUT 48 YEARS R/AT NO.444, 9TH MAIN, 2ND CROSS HAL II STAGE, INDIRANAGAR BANGALORE (BY MS. NAYANA TARA B.G., ADV. FOR SRI G L VISHWANATH, ADV.) AND:
PRAKASH KAMATH S/O A MOHAN KAMATH AGED ABOUT 49 YEARS R/AT NO.114, “BAANDALA”
3RD MAIN, 2ND STAGE, DOMLUR BANGALORE-560071 (BY SRI N S SANJAY GOWDA, ADV. FOR SRI C MOHAN, ADV.) ... PETITIONER ... RESPONDENT THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED ORDER DATED 06.09.2017 AT ANNEX-F PASSED IN M.C.NO.4555/2015 BY THE VI ADDL.FAMILY JUDGE, BANGALORE AND TO CONSEQUENTLY ALLOW THE APPLICATION I.A.NO.7 VIDE ANNEX-D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is before this Court assailing the order dated 06.09.2017 as at Annexure-F to the petition.
2. The petitioner herein is the petitioner in M.C. No.4555/2015. In the said proceedings, the respondent herein has filed an application as at Annexure-C to the petition. The petitioner herein seeks to oppose the prayer made in the said application due to which an objection is sought to be filed. In order to file such objection, an application at Annexure-D was filed by the petitioner seeking acceptance of the objection. The Court below through the order impugned was of the opinion that the application seeking leave to file objection to the IA filed by the respondent herein was not appropriately filed as it was not supported by an affidavit and as such has rejected the prayer.
3. In a matter of the present nature, where the parties are litigating with regard to the marital disputes and in that context the objection is sought to be filed to the application filed by the respondent, I am of the opinion that it is not even necessary for this Court to go into the rival contentions as to whether the application as filed was properly supported by affidavit or not, since in any event when an application was filed before the Court below seeking leave to put forth the objection statement in response to the application filed by the respondent herein, the Court below ought to have taken the same on record and the application as filed by the respondent ought to have been considered on its merits.
4. In that view, without adverting to the other details, the order dated 06.09.2017 passed on IA No.7 is set aside. The Court below is directed to take on record the objection filed by the petitioner to the IA filed by the respondent as at Annexure-C to the petition and consider the same on its merits and pass orders on the application based on the rival contentions. All contentions on the application as at Annexure-C are left open to be considered by the Court below.
The petition is accordingly disposed of.
Sd/- JUDGE akc/bms