Writ Petition No. 34901 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:23823 WP No. 34901 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 34901 OF 2024 (GM-FC) …PETITIONER BETWEEN: MR. MUNAL SANTRA AGED ABOUT 41 YEARS S/O MR. S.P.SANTRA R/AT FLAT NO.215, MBR STEEPLE, DEVARACHIKKANAHALLI BEGUR MAIN ROAD BANGALORE - 560 068 (BY SRI. MANJUNATH H., ADVOCATE) AND: MRS. SONAM DUTTA AGED ABOUT 39 YEARS W/O MR. MUNAL SANTRA EMPLOYED AT NATWEST GROUP INDIA (FORMERLY RBS TECHNOLOGY SERVICES INDIA) 8TH FLOOR, BUILDING NO.02 TOWER A, CANDOR INFOSPACE SECTOR 21, GRURUGRAM HARYANA PIN - 122 002 ALSO RESIDES AT FLAT 5C, SHREE GANAPTI APARTMENT JHEEL BAGAN, HATIARA KOLKATA, WEST BENGAL- 700 157 ALSO RESIDES AT AIR VIEW COMPLEX (EAST) ITI MORE, P.S. ENGLISH BAZAR MALDA- WEST BENGAL PIN -732 101 Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
Legal Reasoning
(BY SMT.GEETHA MISRA, ADVOCATE) …RESPONDENT - 2 - NC: 2025:KHC:23823 WP No. 34901 of 2024 HC-KAR THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN G AND WC NO.141/2017 PENDING BEFORE THE HONBLE III RD ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE MISC.NO. 121/2024 ON THE FILE OF THE HONBLE PRINCIPAL FAMILY COURT JUDGE AT BANGALORE AND THE REGISTRAR (VIGILANCE) HIGH COURT OF KARNATAKA AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: " MAIN PRAYER WHEREFORE, the Petitioner most humbly beseeches this Hon'ble Court be pleased to: a) Call for records in G&WC No.141/2017 pending before the Hon'ble IIIrd Additional Principal Judge, Family Court at Bangalore, Misc.No.121/2024 on the file of the Hon'ble Principal Family Court Judge at Bangalore and The Registrar (Vigilance) High Court of Karnataka at Bangalore. b) Issue a Writ of Certiorari to set aside and quash the impugned
Decision
order dated 10/12/2024 in Misc.No.121/2024 by the Hon'ble Principal Judge, Family Court at Bangalore i.e. ANNEXURE, - A. c) Grant such other relief / (s) as this Hon'ble Court deems fit under the facts and circumstances of the - 3 - NC: 2025:KHC:23823 WP No. 34901 of 2024 HC-KAR Case in the interest of justice, equity and the quintessential welfare of the minor ward Miss ARCHISHA SANTRA." 2. The parties are referred to as husband and wife for the sake of convenience. 3. The husband had filed Misc.No.121/2024 under Section 24 of the Code of Civil Procedure, 1908 to transfer G&WC.No.141/2017 pending on the file of the III Additional Principal Judge, Family Court, Bengaluru to the file of Principal Judge, Family Court, Bengaluru. The Principal Judge, Family Court, Bengaluru had rejected the said petition. While rejecting the petition, the Court had observed that there is a specific direction to the III Additional Principal Judge, Family Court, Bengaluru, as the High Court in its judicial proceedings had issued direction to III Additional Principal Judge, Family Court, Bengaluru to dispose of the pending matters within an outer limit of six months. The power of the Court under Section 24 of CPC is an administrative power. Therefore, there is no need for considering the merits of the case as there is specific direction to dispose of the matter by the III Additional Principal Judge, Family Court, Bengaluru. Under Section 24 of CPC, the Court - 4 - NC: 2025:KHC:23823 WP No. 34901 of 2024 HC-KAR cannot withdraw the case from the file of III Additional Principal Judge, Family Court, Bengaluru either to keep for itself or transfer to any other Court and accordingly, rejected the petition on the ground that there is a direction issued by this Court in WP.No.5493/2022 and WP.No.9056/2022. 4. The miscellaneous petition is filed seeking transfer of G&WC.No.141/2017. It is stated that from 26.04.2017 till date, the wife has committed contempt of the III Additional Principal Judge, Family Court, Bengaluru in G&WC.No.141/2017 by writing multiple letters addressed directly to the Presiding Officer of III Additional Principal Judge, Family Court, Bengaluru, Registrar General, High Court of Karnataka, Governor of Karnataka, Chief Minister of Karnataka and other Government and Judiciary Officials and Authorities, despite the mandamus dated 23.04.2019 in WP.No.18121/2018. The wife has violated the injunction warrant issued against her by the III Additional Principal Judge, Family Court, Bengaluru. It is stated that the wife is continuously committing fraud on Court and contempt of Court. The petitioner has also referred to transfer petition that is filed by the wife and the mandamus that is - 5 - NC: 2025:KHC:23823 WP No. 34901 of 2024 HC-KAR issued in WP.No.9057/2022. It is stated at ground No.12 that on 15.12.2023, the advocate for the respondent Asha Devi filed vakalath and prayed time for cross-examination stating that she needs to collect certified copies and go through them. The husband filed application to appoint Court Commissioner to avoid procrastination of proceedings by respondent and her advocate. It is stated that procrastination, dilatory tactics, fraud on Court, contempt, mockery of judicial process and brow beating of III Additional Principal Judge, Family Court, Bengaluru, by the wife and her advocate are judicially noticeable from the below facts and 46 sub grounds were raised stating the facts about the proceedings that took place before the Court. In all these grounds, it is stated that in spite of a mandamus issued by the Court, how the Judge has not disposed of the matter and finally, it is stated that on these grounds, the petitioner wants the petition to be transferred from the III Additional Principal Judge, Family Court, Bengaluru to the Principal Judge, Family Court, Bengaluru. 5. Then when it comes to the grounds raised in this writ petition, at ground No.24, it is stated that the impugned order - 6 - NC: 2025:KHC:23823 WP No. 34901 of 2024 HC-KAR is bad in law as it does not consider the judicial fact that the III Additional Principal Judge, Family Court, Bengaluru did not take any steps or measures to either implement the mandamus mentioned or seek for an extension from the High Court. Further, at ground No.25, it is stated that "Hon'ble Principal Judge, Family Court erred in becoming a part of the brow beating tactics of the respondent in defeating the mandamus stated supra in fact aiding her extortion divorce ranging from 2.55 Crores to 20 Lakhs as judicially noticeable from the order sheets that are filed in Annexure-F. 6. Learned counsel appearing for the petitioner submits that when there is a mandamus issued by this Court directing the Family Court to dispose of the matter, in spite of the same, the Court had not disposed of the matter. As such, the petitioner sought for transfer of the case to the file of Principal Judge, Family Court, Bengaluru, seeking transfer of the matter. It is submitted that the Principal Judge had failed to implement the orders of the High Court and failed to seek extension of time. - 7 - NC: 2025:KHC:23823 WP No. 34901 of 2024 HC-KAR 7. Learned counsel appearing for the respondent/wife has drawn the attention of this Court to ground No.25 which is raised by the petitioner in support of this petition and submits that it amounts to contempt of Court and unnecessary allegations are made against the Judicial Officer. As such, she has filed I.A.No.1/2025. Learned counsel for the petitioner submits that he has filed objections to I.A.No.1/2025 and also filed I.A.No.2/2025 for initiating contempt proceedings against the respondent. 8. Having heard the learned counsels on either side, perused the entire material on record. The manner in which both the parties are pursuing the litigation and the manner in which pleadings are placed before the Court is the most unfortunate state of affairs. If an order is passed by this Court for expeditious disposal of the case and the same is not complied with, there is a procedure known to law. Just because an order passed by the Court is not implemented, the petitioner cannot make these kinds of allegations against the Judicial Officer. The Family Courts at Bengaluru are burdened with cases and each Court is having thousands of cases and these - 8 - NC: 2025:KHC:23823 WP No. 34901 of 2024 HC-KAR kinds of litigants, who are fighting tooth and nail against each other are filing innumerable applications one after the other and making allegations against the Judicial Officers. The Judges are making their best efforts to dispose of the cases in spite of the charged environment created by the parties. Whenever the judges in the Family Courts try to convince the parties for an amicable settlement or give opportunity for the other side on an application filed by them, immediately aggrieved party will start complaining against the Judicial Officers on the administrative side and seek for transfer of the cases on Judicial side . These kind of complaints shall not be entertained which will undermine the institution of judiciary and will have an impact on the morale of the Judges. 9. This G&WC is filed in the year 2017. There are several proceedings before this Court, before the Hon'ble Apex Court and both the wife and husband are fighting several litigations. Both of them can fight against each other but in that process, they cannot make these kinds of allegations against the Judicial Officers and this Court cannot appreciate this kind of conduct from either of the parties particularly placing these kinds of - 9 - NC: 2025:KHC:23823 WP No. 34901 of 2024 HC-KAR pleadings before the Court, all the more it cannot be appreciated. Whatever is the grievance of the party, while drafting the pleadings and pleading their case before the Court, the party should have a restraint and the advocate should also advise the party properly that whatever they feel like, it cannot be reflected in the pleadings. Coming to the impugned order the Principal Judge, Family Court was right in considering the petitioner’s case and rejecting the petition. This Court finds no reasons to interfere with the well considered order passed by the Court. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 9