Karnataka High Court
Smt Leena Abraham vs Byju Joseph on 1 October, 2024
-1-
NC: 2024:KHC:40966
WP No. 23423 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 23423 OF 2024 (GM-FC)
BETWEEN:
SMT. LEENA ABRAHAM,
W/O BYJU JOSEPH,
AGED ABOUT 42 YEARS,
OCC: HOUSE WIFE,
A-901, BRIGADE GARDENIA APARTMENT,
J.P. NAGAR, 7TH PHASE,
BANGALORE - 560 078.
...PETITIONER
(BY SMT. LEENA ABRAHAM, PARTY IN PERSON)
AND:
BYJU JOSEPH,
Digitally AGED 45 YEARS, S/O TJ VARGHESE,
signed by
SUVARNA T RESIDING AT NO. 4/1, 5TH CROSS,
Location: THARAMANNIL HOUSE,
HIGH MUDDANNA GARDEN, VALAGARAHALLI ROAD,
COURT OF HARSHA LAYOUT, KENGERI,
KARNATAKA
BANGALORE - 560 060.
AND ALSO RESIDING AT BYJU JOSEPH,
PROJECT MANAGER,
M/S INTELLIGENT SOFTWARE SOLUTIONS PVT. LTD.,
2A/3RD FLOOR, SOBHA ALEXANDER
PLAZA, 16/2, COMMISSIONARAT ROAD,
BENGALURU - 560 025.
ALSO RESIDING AT NO. 6-7-14,
-2-
NC: 2024:KHC:40966
WP No. 23423 of 2024
MINAMI YOSHINARI, AOBA-KU
SENDAI, MIYAGI 989 -3204, JAPAN,
PASSPORT NUMBER: S5618316,
PAN NUMBER: AESPJ6488B.
...RESPONDENT
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE III
ADDL. BENGALURU TO DIRECT THE RESPONDENT TO PAY 1
CRORE FOR COMPENSATION FOR MENTAL AGONY, CHEATING
AND PHYSICAL ABUSE INDUCED TO THE COMPLAINANT AND
HER MINOR CHILD OF 7 YEARS AND FOR OTHER RELIEFS AS
THE HONBLE III ADDL BENGALURU DEEMS FIT BY
CONSIDERING THE PETITION AND APPLICATIONS AND MEMO
FILED BY THE PETITIONER AND ALSO BASED ON IA NO. 11
AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking following reliefs:
1. To direct the respondent o pay 1 crore for compensation for mental agony, cheating and physical abuse induced to the complainant and her minor child of 7 years and for other reliefs as the Hon'ble III Addl. Bengaluru deems fit by considering the petition and applications and memo filed by the petitioner and also based I.A.No.11 vide Annexure C and Annexure E2 in MC 209/2022.
2. To dispose application I.A.No.13 seeking for production of document vide Annexure G and Annexure H in MC 209/2022.
3. To direct the Hon'ble III Addl. Bengaluru to direct the respondent to undergo medical examination of impotency test as per the -3- NC: 2024:KHC:40966 WP No. 23423 of 2024 Application I.A.No.12 on 21/08/2023 vide Annexure F in MC 209/2022.
4. To direct the Hon'ble III Addl. Bengaluru to dispose the matters within 3 months in MC 3129/2023 based on the outcome of impotency test by granting nullity of marriage vide Annexure E and Annexure J1.
5. To direct the Hon'ble III Addl. Bengaluru to execute the order as in OP (G&W)1264/2022 custody case by Respondent before Family Court Pathanamthitta vide Annexure D.
6. Allowing such other reliefs as are warranted in the circumstances of the petition and found fit and proper by this Honourable Court.
2. The party-in-person has submitted before the Court that the marriage has taken place in Kerala and from the last two years, she has been roaming around the Courts along with her son and not to be get any relief from the Court. It is stated that she has filed I.A.No.11 and 12. I.A.No.11 is filed seeking to dismiss the entire proceedings as these proceedings are barred by res judicata and I.A.No.12 is filed seeking a direction to the husband to undergo the medical test. It is submitted that the said applications are pending consideration before the Court. This Court has perused the prayers that are sought. Though no relief can be granted with respect to the other reliefs as these I.A.Nos.11 and 12 are filed in the year 2023, the Family Court shall consider the same and pass appropriate -4- NC: 2024:KHC:40966 WP No. 23423 of 2024 orders in accordance with law within a period of three months from the date of receipt of copy of this order. Accordingly, the Writ Petition is disposed of. This Court has not issued notice to the respondent as no adverse orders are passed and early disposal is in the interest of both the parties.
SD/-
(LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 8 CT: BHK