Karnataka High Court
Smt. Chandana Muniswamaiah ... vs Ranjith Venkatarajanahalli ... on 18 March, 2024
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NC: 2024:KHC:11051
WP No. 8169 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 8169 OF 2022 (GM-FC)
BETWEEN:
SMT. CHANDANA MUNISWAMAIAH RAMESHKUMAR
D/O SRI RAMESH KUMAR MUNISWAMAIAH,
W/O RANJITH VENKATARAJANAHALLI SRINIVASAIAH,
AGED ABOUT 31 YEARS,
RESIDING AT 969, NEAR PARTK B BLOCK,
JAYANAGAR, TEKALL ROAD
KOLAR 563101
...PETITIONER
(BY SRI. RAVI H K.,ADVOCATE)
AND:
RANJITH VENKATARAJANAHALLI SRINIVASAIAH
S/O SHRI.SRINIVASAIAH
VENKATARAJANAHALLI RANGAPPA,
R/O SMT. CHANDAN MUNISWAMAIAH
Digitally signed RAMESH KUMAR, AGED ABOUT 31 YEARS.
by SUVARNA T
Location: HIGH PERMANENT RESIDENT AT VENKATARANAHALLI,
COURT OF
KARNATAKA HULADENA POST, TEKKAL HBOLI,
MALUR TALUK, KOLAR DISTRICT
563137, KARNATAKA STATE.
PRESENTLY RESIDING AT
7401, HAUGERUDVEIEN 10,
560074 NORWAY,
EUROPEAN UNION.
...RESPONDENT
(BY SRI. S R SIDDARTHA.,ADVOCATE)
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NC: 2024:KHC:11051
WP No. 8169 of 2022
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDRE
DTD. 25.01.2022 PASSED BY THE COURT OF THE SENIOR
CIVIL JUDGE AT MALUR, KOLAR DISTRICT IN M.C.NO. 25/2021
ON I.A.NO.2 FILED UNDER ORDER 3 RULE 2 READ WITH
SECTION 151, CPC BY THE RESPONDENT VIDE ANNX-D BY
ISSUING A WRIT OF CERTIORARI AND CONSEQUENTLY
DISMISS THE SAID I.A. NO.2.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present writ petition is filed seeking following prayer:
i) Quashing the order dated 25.01.2022 passed by the Court of the Senior Civil Judge at Malur, Kolar District in M.C.no.25/2021 on I.A.No.2 filed under Order 3 Rule 2 read with Section 151, CPC by the respondent vide Annexure-D by issuing a writ of Certiorari and consequently dismiss the said I.A.No.2.
ii) Grand such other and further reliefs as are just including costs of this petition in the interest of justice.
2. The respondent/husband herein has filed MC.No.25/2021 on the file of the Senior Civil Judge at Malur, Kolar District under Section 13 (1)(1-a) of the Hindu Marriage Act, 1955 seeking dissolution of marriage which was solemnized on 10.10.2019. The wife after service of summons appeared before the court below. Respondent herein is working in Norway, he has come up -3- NC: 2024:KHC:11051 WP No. 8169 of 2022 with I.A.No.2 under Order 3 Rule 2 read with Section 151, CPC seeking to produce the General Power of Attorney (GPA) to adjudicate the case through his agent. The said I.A. was allowed by the court below. Aggrieved thereby, the petitioner/wife is before this court.
3. Learned counsel appearing for the petitioner submits that even as per the GPA which is filed the respondent/husband is not in India and engaged a power of attorney holder to represent him before the court. It is submitted that in the said GPA, he had singed and it is notarized, as if he has signed before the notary. It is submitted that as on the date of the GPA, the respondent/husband is not in India and the said mischievous document filed before this court and on oath he files such a document before the court. The court below should have taken the note of the same and should have initiated the forgery proceedings. Instead of that the court below without any basis has allowed this petition. -4-
NC: 2024:KHC:11051 WP No. 8169 of 2022
4. Learned counsel appearing for the respondent submits that initially he has presented the GPA, at that point of time the same could not be rectified, thereafter the application came to be filed. It is submitted that it was not intentional on the part of the respondent/husband and it is a human error on the part of the husband. He submits that the writ petition may be allowed and they will come up with an appropriate application with fresh GPA and liberty may be granted to the respondent.
5. Having heard the learned counsels on either side, perused the entire material on record. This court has perused the affidavit filed in support of the I.A. and also GPA. As per the same, as on the time he was in India and he has filed the same but he was not in India at the relevant point of time. These kind of mischief on behalf of the respondent cannot be considered as a human error. In fact this has to be viewed very seriously and it is a fit case to initiate perjury proceedings against the respondent/husband. He filed a case M.C.No.25/2021 for -5- NC: 2024:KHC:11051 WP No. 8169 of 2022 dissolution of marriage, happily he went to Norway and now he files a GPA, as if he is present in India. Initially this court wanted to direct the court below to initiate appropriate proceedings against the respondent, however considering the arguments of the learned counsel for the respondents, the writ petition is allowed by setting aside the impugned order dated 25.01.2022 and this court is not inclined to grant any kind of liberty to the respondent herein who has come up before the court with misrepresentation of facts.
ORDER
i) The writ petition is allowed and the impugned order in MC.No.25.2021 dated 25.01.2022 passed by the Senior Civil Judge, Malur is set aside.
ii) In the light of the orders passed in writ petition all the pending I.A's are closed.
SD/-
JUDGE TS List No.: 1 Sl No.: 19