Dr Phani Renu K G vs Dr Sanjay Anantha Krishnan
2023 Latest Caselaw 6664 Kant

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                                                               NC: 2023:KHC:33891
                                                             WP No. 20569 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 20TH DAY OF SEPTEMBER, 2023

                                               BEFORE
                                 THE HON'BLE MR JUSTICE R DEVDAS
                          WRIT PETITION NO. 20569 OF 2023 (GM-FC)

                   BETWEEN:

                   DR PHANI RENU K G
                   D/O K C GOPAL
                   AGED ABOUT 50 YEARS,
                   R/AT FLAT NO. 2013,
                   SHOBHA INDRAPRASTHA APARTMENT,
                   MINERVA MILL COMPOUND,
                   RAJAJINAGAR, BENGALURU - 560023
                                                                       ...PETITIONER
                   (BY SRI. VINAY SWAMY C., ADVOCATE)

                   AND:

                   DR SANJAY ANANTHA KRISHNAN
Digitally signed   S/O A ANANTHA KRISHNA,
by JUANITA         AGED ABOUT 52 YEARS,
THEJESWINI
                   R/AT NO. 71, NITAI KRUPA,
Location: HIGH
COURT OF           FIRST CROSS, 1ST BLOCK,
KARNATAKA
                   RMV II STAGE, BENGALURU - 560094
                                                                     ...RESPONDENT

                          THIS   WP   IS   FILED   UNDER   ARTICLE     227   OF   THE
                   CONSTITUTION       OF   INDIA   PRAYING   TO   A)    ALLOW     THE
                   APPLICATION DATED 18/04/2023 AS PER ANNEXURE-F FILED
                   IN MC NO. 3109/2016 AND DIRECT THE III ADDL. PRINCIPAL
                   JUDGE FAMILY COURT, AT BENGALURU TO AMEND THE
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                                         NC: 2023:KHC:33891
                                      WP No. 20569 of 2023




JUDGMENT AND DECREE SHOWING THE CORRECT SPELLING
OF THE NAME OF THE PETITIONER AND ETC.

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

                          ORDER

R.DEVDAS J., (ORAL):

Having regard to the prayer made in the writ

petition, since the respondent would not in any way be

affected, notice to the respondent is dispensed with.

2. Learned counsel for the petitioner submits that

in terms of the memorandum of settlement entered into

between the parties herein, the III Additional Principal

Judge, Family Court at Bengaluru, passed a decree

dissolving the marriage dated 21.08.1997 between the

parties herein. However, when the petitioner herein

applied for a visa to travel to Canada, it was pointed out

that there was an error in the name of the petitioner as

found in the decree passed by the Family Court, when

compared with the name of the petitioner as found in the

passport. Consequently, the petitioner filed an application

NC: 2023:KHC:33891 WP No. 20569 of 2023

before the Family Court seeking correction of the name of

petitioner in the cause title of the decree. The learned

counsel submits that the application was filed on

18.04.2023 and the application has not been considered

till date. Therefore, the prayer in the writ petition is to

direct the Family Court to consider the application and

pass necessary orders within a time frame.

3. Having regard to the submissions made by the

learned counsel and the fact that the name of the

petitioner in the Crl.Misc. No.452/2011 filed at the hands

of the petitioner, was correctly stated and since the

matrimonial case and Crl.Misc. No.452/2011 filed by the

parties were considered together and thereafter, the

decree of dissolution of marriage was passed by the

Family Court, the Family Court was required to considered

the application and pass necessary orders to enable the

petitioner to travel aboard.

4. It has been pointed out from the cause title in

the Crl.Misc. No.452/2011, that the name of the petitioner

NC: 2023:KHC:33891 WP No. 20569 of 2023

is correctly shown as "Dr.Phani Renu K.G." and whereas

the Alphabet 'H' is missing in the cause title of the decree

dated 17.02.2017. The learned counsel is right in his

submission that the respondent will not in any way be

affected, if the application is allowed.

5. Consequently, the writ petition stands disposed

of, with a specific direction to the III Additional Principal

Judge, Family Court, Bengaluru, to consider the

application filed by the petitioner and pass necessary

orders as expeditiously as possible and at any rate within

a period of two weeks from the date of receipt of a copy of

this order.

Ordered accordingly.

Sd/-

JUDGE

rv CT:BHK