IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No. 3165 /2018 (GM – FC) BETWEEN:
SRI SUNIL XAVIER S/O. LATE XAVIER AGED ABOUT 40 YEARS NO.4, 4TH CROSS, 7TH FLOOR GUPTA LAYOUT BENGALURU-560 008. …PETITIONER (BY SRI MADHAVA REDDY.V.N., ADV. (ABSENT)) AND:
SMT. SANDHYA SUNIL W/O. SUNIL XAVIER AGED ABOUT 34 YEARS R/O. C.I. BLOCK-IV MALNAD TOWERS, 14TH CROSS BYRASANDRA MAIN ROAD G.M. PALYA BENGALURU-560 075. …RESPONDENT (BY SRI VINOD KUMAR.C.C., ADV.(ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF THE PRINCIPAL FAMILY COURT AT BENGALURU ON I.A.9 DATED 06.2.2017 IN M.C.1747/2016 VIDE ANNEXURE-D AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING- ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R None for the parties.
The petition is admitted for hearing. Perused the records.
2. In this petition under Article 227 of the constitution of India, the petitioner inter alia has assailed the validity of the order dated 6.12.2017 passed by the Family Court, by which the application filed by the petitioner under Section 499 and 500 of IPC in the proceeding initiated by the respondent under Section 27 of the Special Marriage Act has been dismissed.
3. After perusal of the record, it is evident that respondent had filed petition under Section 27 of the Special Marriage Act seeking a decree of divorce. In the aforesaid proceedings, the respondent has filed an application under Section 499 and 500 of IPC, which has been rejected by the Family Court on the ground that the aforesaid application is not maintainable in the proceeding before the Family Court. The petitioner has been granted the liberty to approach the jurisdictional Court to file an application which was filed by him before the Family Court.
4. In view of aforesaid enunciation of law, order passed by the trial Court neither suffers from any jurisdictional infirmity nor error apparent on the face of the record warranting interference by this Court under Article 227 of the Constitution of India.
In the result, I do not find any merit in the writ petition. Accordingly, the petition stands dismissed.
Sd/- JUDGE ln.