Sri. Shripad S/O Ramachandrasa Pujari vs Smt. Swathi W/O Sri Shripad Pujari D/O ... on 7 December, 2021

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Karnataka High Court

Sri. Shripad S/O Ramachandrasa Pujari vs Smt. Swathi W/O Sri Shripad Pujari D/O ... on 7 December, 2021

Bench: N.S.Sanjay Gowda

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

        DATED THIS THE 7TH DAY OF DECEMBER 2021

                        BEFORE

        THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

          WRIT PETITION NO.103643/2021(GM FC)

BETWEEN:

SRI. SHRIPAD S/O RAMACHANDRASA PUJARI,
AGE. 36 YEARS, OCC. BANK EMPLOYEE,
R/O. LIG-48, KHB COLONY,
SUBHASH NAGAR, KESHWAPUR,
HUBBALLI 23.
                                             ...PETITIONER
(BY SRI KUSHAL V. BOLMAL, ADVOCATE)

AND :

SMT. SWATHI W/O. SRI SHRIPAD PUJARI,
D/O MOTILALSA RAIBAGI,
AGE. 33 YEARS, OCC. HOUSEHOLD,
R/O. HOUSE NO.29, GANESH PARK,
HOSUR, HUBBALLI 580021.
                                            ...RESPONDENT
(BY SMT ANUSHA V.SANGAMI, ADVOCATE )

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION AND QUASH THE IMPUGNED ORDER
PASSED BY THE HON'BLE 1ST ADDL. PRL JUDGE FAMILY COURT,
HUBBALLI PERTAINING TO I.A.NO.VII IN M.C.NO.100/2019 DATED
23.08.2021 AT ANNEXURE-E.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
                                 :2:



                              ORDER

In a matrimonial proceedings filed by the husband for divorce, an application was filed for production of a mobile video footage of the Bank in CD, transcript of the footage and the medical bills of the petitioner and the mother of petitioner. The said application has been rejected by the trial Court.

2. Admittedly, the mobile footage which is sought to be summoned is stated to be a conversation between the petitioner and his father-in-law. In view of this very submission, the relevancy of a conversation between the petitioner and his father-in-law would obviously be irrelevant in a divorce proceedings where the petitioner was basically alleging inflicting of cruelty by his wife on him.

3. The further request summoning of the medical bills of the petitioner and his mother is also obviously misconceived. Obviously, the medical bills of the petitioner and his mother would be with the petitioner himself and thus summoning of the bill is thoroughly misconceived.

:3:

4. In my view, there is absolutely no reason to entertain this writ petition. Writ petition is therefore dismissed.

SD JUDGE CKK

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Karnataka High Court