(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for entire record and order or direction in the Nature if Writ of certiorari quashing the order dated 01.07.2026 at Annexure-A passed by the Honourable V Addl. Family Judge, at Bengaluru in M.C. No. 6583 Of 2019 with respect to I.A. No. V and pleased to allow I.A.No.V.)
Oral Order
1. Heard Sri.H.V.Praveen Gowda, learned counsel for the petitioner as well as Ms.Usha who represents Sri.Ashok Babu, learned counsel on record for the respondent.
2. Seeking the Court to issue a writ of certiorari and to quash the order that is passed by the Court of V Additional Principal Judge, Family Court, Bengaluru on IA No.V in MC No.6583/2019 dated 01.07.2026, this writ petition is filed.
3. Learned counsel for the petitioner submits that petitioner is the wife of respondent. Respondent/husband filed MC No.6583/2019 seeking decree of divorce. Petitioner/wife received notice. She appeared through her counsel. However, petitioner/wife did not file her statement of objections only because she was interested in joining her husband and leading marital life. She was of the view that in case statement of objections is filed, she has to disclose each and every fact in the statement of objections and thereby has to raise allegations against respondent/husband. Learned counsel also states that those allegations may cause hardship to the respondent/husband and she apprehended that respondent/husband may not thereby permit her to lead life with him. Thinking thus, she did not file her statement of objections. However, finally she came to an understanding that there is no possibility of reunion. Hence, she filed IA No.V seeking the Court to permit her to file statement of objections. However, the Family Court exhibiting its opinion that such relief cannot be granted at the belated stage of proceedings, rejected her request and aggrieved by the same, this writ petition is filed. Learned counsel seeking this Court to grant a fair opportunity to the petitioner/wife to project her case before the Court of law, prays for allowing this writ petition.
4. On the other hand, learned counsel who represents the respondent states that respondent/husband initiated proceedings in the year 2019. Till now petitioner/wife has not filed the statement of objections. While the proceedings were pending, petitioner/wife filed an interlocutory application seeking interim maintenance and got a favourable order. Even then she has not chosen to file her statement of objections and now the case is posted for pronouncement of final orders and therefore, there are no grounds to entertain this writ petition and to permit the petitioner/wife to file her statement of objections.
5. Family Court in the impugned order at para 9 observed as follows:
"9. Respondent has contended that with a hope that the petitioner might take her back to the matrimonial home she has been waiting so long without filing her objections to the main petition. If really she has been waiting with a hope that the petitioner might take her back to the matrimonial home, she could not have filed IA Nos.3 and 4 for maintenance, litigation expenses and educational expenses of her child."
6. Learned counsel for the petitioner and learned counsel for respondent made submission before this Court that respondent/husband filed MC No.2717/2017 for restitution of conjugal rights and petitioner/wife filed a memo that she is willing to join her husband and lead life and thus the proceedings in MC No.2717/2017 were closed. These facts makes it clear that there is truth in the contention of the petitioner/wife that she was willing to join her husband. Also by filing a petition for restitution of conjugal rights, respondent/husband had also sought for the company of the petitioner/wife. In normal course, if it is a case of purely civil nature, such long delay in filing written statement/objections will disentitle a party to seek such a relief as sought through IA No.V by the petitioner herein. However, the proceedings are between the married couple, the spouses living apart where attempt was made by both of them for reunion. Thus being the case, having considered afore mentioned facts and that the issue is between two spouses, this Court considers desirable to give a fair opportunity to the petitioner/wife to submit her contentions through the statement of objections. However, respondent/husband should not be asked to wait further more period for getting his case disposed of on merits. Therefore, the writ petition is disposed of with the following ORDER The Order that is rendered by the Court of V Additional Principal Judge, Family Court, Bengaluru on IA No.V in MC No.6583/2019 dated 01.07.2026 is set aside subject to following conditions being satisfied by the petitioner/wife
a) Petitioner/wife shall file her statement of objections before the Court of V Additional Principal Judge, Family Court, Bengaluru, within one week from today that is by 21.08.2026.
b) Petitioner/wife shall also file her affidavit disclosing her assets and liabilities and the bank statements of preceding three years as indicated in the judgment rendered by Hon'ble Apex Court in the case of Rajnesh vs. Neha and Another reported in (2021) 2 SCC 324 by 25.08.2026.
c) Petitioner/wife shall pursue the matter diligently and without seeking any adjournments whatsoever, without there being a reasonable cause.
d) Any deviation of the conditions imposed will result in operation of the order rendered on IA No.5 and thus will amount to dismissal of this writ petition.
e) As the order is dictated in the open Court, that too in the presence of both the learned counsel, petitioner/wife shall not take the defence of not obtaining the copy of this order or not uploading the same today itself which might occur due to unforseen technical issues.
