Umar Moin A vs Mrs Kubra N K
2022 Latest Caselaw 11719 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 9th DAY OF SEPTEMBER, 2022

                         BEFORE

         THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.15304 OF 2022 (GM -FC)

BETWEEN:


UMAR MOIN.A
S/O ABDUL AZEEZ
AGE ABOUT 30 YEARS
R/AT NO.1063, 3RD FLOOR
8TH A MAIN, SECTOR-7, HSR LAYOUT
BANGALORE - 560 102
                                            ...PETITIONER
(BY SRI. NAVEED AHMED, ADVOCATE)

AND:

MRS.KUBRA N.K.
W/O UMER MOIN.A
D/O MUKHADDAS
AGE ABOUT 26 YEARS
R/AT NO.1, 'ABID MANZIL',
1ST MAIN, 2ND CROSS, HOTEL KR INN ROAD
OLD MADRAS ROAD, K.R. PURAM
BANGALORE 560 036
                                           ...RESPONDENT
[BY SMT.SRUTI CHAGANTI, ADVOCATE FOR
C/R (CP.10171/2022)]

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
PROCEEDINGS IN O.S.NO.127/2022 PENDING IN THE FILE OF
PRINCIPAL JUDGE FAMILY COURT BANGALORE VIDE ANNX-A
AND CONSEQUENTLY QUASH THE IA NO.4/22 DTD 01.07.2022
IN O.S.NO.127/2022 IN THE FILE OF PRL. JUDGE FAMILY COURT
AT BENGALURU VIDE ANNX-G AND ETC.
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     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

The petitioner is knocking at the doors of Writ Court

seeking quashment of suit proceedings in O.S.No.127/2022

pending on the file of the learned Principal Judge, Family Court,

Bangalore.

2. Learned counsel appearing for the respondent

submits and this Court agrees that the writ petition cannot be

maintained for quashing of the suit proceedings, except in the

situation pointed out by the Apex Court in the case Dhula Bhai

vs. State of Madhya Pradesh, AIR 1969 SC 78. Apparently,

the postulates of the said judgment are not answered and

therefore, the question of quashing the suit proceedings would

not arise.

In the above circumstances, this writ petition is disposed

off, reserving liberty to the petitioner to seek dismissal of the

suit or such other remedy by invoking Order VII Rule 11(d) or

such other provisions of CPC.

All the contentions of the parties in this regard are kept

open.

Sd/-

JUDGE

GVP