High court of karnataka

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In case of divorce proceedings, when a party resides outside the country and cannot be present for the execution of the divorce, he/she can authorize a person by way of a notarized Power of Attorney to represent him/her after submitting an application to the Family Court under Order III Rule 2 of the CPC. This was decided in the case of Principal Judge, Family Court [M.F.A No. 4453/2020 (FC)] in the High Court of Karnataka by a double bench consisting of Hon’ble Justice B.V Nagarathna and Hon’ble Justice N.S Sanjay Gowda. Facts of the Case The appellants, in this case, are a couple who got married in the year 2017 in Bengaluru as per Hindu custom. Thereafter they were not able to cohabit together and decided to separate in June 2017. After almost three years of separation, in 2020 they realized that their marriage had irretrievably broken down and decided to get a divorce by filing a petition under Section 13B (1) of the Hindu Marriage Act for divorce by mutual consent. The wife resides in Canada and therefore executed a notarized Power of Attorney in favor of her father. In the Power of Attorney, the wife stated that owing to her inability to be present in Bengaluru, she appoints her father to represent her in the divorce proceedings. Based on this, the father and the husband signed the aforementioned divorce petition and presented it to the Family Court. It must also be noted that an application under Order III Rule 2 (read along with Section 151) of CPC was also filed t...

Disclaimer: Information is being made available at this Web Site purely as a measure of public facilitation. While every effort has been made to ensure that the information hosted in this Web Site is accurate and up-to-date, the Karnataka Judicial Academy does not hold itself liable for any consequences, legal or otherwise, arising out of use of any such information. Designed and Developed by: Technical Team, High Court of Karnataka, Bengaluru Hosted by : NIC, Karnataka

The High Court of Karnataka passed an interim order of stay on the complaint filed by a woman, alleging among other things, rape, by her husband with whom she lived for only one day. "If this cannot be a case where the complainant has abused the process of law, prima facie, there cannot be a better illustration," the HC said while granting the stay on the criminal process against the husband and his family members. The husband and his family members had approached the High Court challenging the complaint filed by the wife and the registration of the case under Sections 376(2)(j), 342, 323, 504, 506 r/w Section 34 of the Indian Penal Code (IPC). The two were colleagues at a MNC motorbike showroom in Bengaluru. They courted each other for four years before marrying on January 27, 2023, in a temple and the got the marriage registered before the Registrar of Marriages in Malleshwaram. The same day, the wife's birthday was celebrated. The husband allegedly came to know of the wife's earlier affair and her being in touch with the other person on WhatsApp. A squabble the following day led to the wife walking out of the matrimonial house on January 29. "It is averred that she threatened to end the marriage with the first petitioner. From 29.01.2023 to 01.03.2023 close to 32 days there was no interaction between the two, and after 32 days, the complainant files a complaint before the jurisdictional police alleging the afore-quoted offences," the HC noted. The wife's police complain...

Karnataka High Court is the highest court of judicature in the state. It stands at the top of the hierarchy within the state but it is below the Supreme Court of India, which is the highest judicial tribunal in the country. Below the High Court are secondary courts in Karnataka such as the civil courts, family courts, criminal courts and various district courts. The Karnataka High Court was established in 1881 with jurisdiction over Karnataka. The High Court was instituted as constitutional court under Part VI, Chapter V, Article 214 of the Indian Constitution. The Karnataka High Court is located in Bangalore and has a sanctioned judge strength of 62. At present it is functional in Bangalore, Dharwad and Gulbarga. The Karnataka High Court is composed of a Chief Justice and as many other judges as the President of India may appoint from time to time. The President reserves the power to appoint additional judges to the High Court for a maximum period of two years for the purpose of clearance of areas of work in the High Court. The number of judges in the High Court is decided by the dividing the average institution of main cases during the last five years by the national average. The average rate of disposal of main cases per judge per year in the High Court is also considered while making this decision. The President appoints the Chief Justice of Karnataka High Court after consulting the Chief Justice of India and the Governor of Karnataka. For appointing judges to Karnatak...

The High Court of Karnataka passed an interim order of stay on the complaint filed by a woman, alleging among other things, rape, by her husband with whom she lived for only one day. "If this cannot be a case where the complainant has abused the process of law, prima facie, there cannot be a better illustration," the HC said while granting the stay on the criminal process against the husband and his family members. The husband and his family members had approached the High Court challenging the complaint filed by the wife and the registration of the case under Sections 376(2)(j), 342, 323, 504, 506 r/w Section 34 of the Indian Penal Code (IPC). The two were colleagues at a MNC motorbike showroom in Bengaluru. They courted each other for four years before marrying on January 27, 2023, in a temple and the got the marriage registered before the Registrar of Marriages in Malleshwaram. The same day, the wife's birthday was celebrated. The husband allegedly came to know of the wife's earlier affair and her being in touch with the other person on WhatsApp. A squabble the following day led to the wife walking out of the matrimonial house on January 29. "It is averred that she threatened to end the marriage with the first petitioner. From 29.01.2023 to 01.03.2023 close to 32 days there was no interaction between the two, and after 32 days, the complainant files a complaint before the jurisdictional police alleging the afore-quoted offences," the HC noted. The wife's police complain...

In case of divorce proceedings, when a party resides outside the country and cannot be present for the execution of the divorce, he/she can authorize a person by way of a notarized Power of Attorney to represent him/her after submitting an application to the Family Court under Order III Rule 2 of the CPC. This was decided in the case of Principal Judge, Family Court [M.F.A No. 4453/2020 (FC)] in the High Court of Karnataka by a double bench consisting of Hon’ble Justice B.V Nagarathna and Hon’ble Justice N.S Sanjay Gowda. Facts of the Case The appellants, in this case, are a couple who got married in the year 2017 in Bengaluru as per Hindu custom. Thereafter they were not able to cohabit together and decided to separate in June 2017. After almost three years of separation, in 2020 they realized that their marriage had irretrievably broken down and decided to get a divorce by filing a petition under Section 13B (1) of the Hindu Marriage Act for divorce by mutual consent. The wife resides in Canada and therefore executed a notarized Power of Attorney in favor of her father. In the Power of Attorney, the wife stated that owing to her inability to be present in Bengaluru, she appoints her father to represent her in the divorce proceedings. Based on this, the father and the husband signed the aforementioned divorce petition and presented it to the Family Court. It must also be noted that an application under Order III Rule 2 (read along with Section 151) of CPC was also filed t...

Karnataka High Court is the highest court of judicature in the state. It stands at the top of the hierarchy within the state but it is below the Supreme Court of India, which is the highest judicial tribunal in the country. Below the High Court are secondary courts in Karnataka such as the civil courts, family courts, criminal courts and various district courts. The Karnataka High Court was established in 1881 with jurisdiction over Karnataka. The High Court was instituted as constitutional court under Part VI, Chapter V, Article 214 of the Indian Constitution. The Karnataka High Court is located in Bangalore and has a sanctioned judge strength of 62. At present it is functional in Bangalore, Dharwad and Gulbarga. The Karnataka High Court is composed of a Chief Justice and as many other judges as the President of India may appoint from time to time. The President reserves the power to appoint additional judges to the High Court for a maximum period of two years for the purpose of clearance of areas of work in the High Court. The number of judges in the High Court is decided by the dividing the average institution of main cases during the last five years by the national average. The average rate of disposal of main cases per judge per year in the High Court is also considered while making this decision. The President appoints the Chief Justice of Karnataka High Court after consulting the Chief Justice of India and the Governor of Karnataka. For appointing judges to Karnatak...

Disclaimer: Information is being made available at this Web Site purely as a measure of public facilitation. While every effort has been made to ensure that the information hosted in this Web Site is accurate and up-to-date, the Karnataka Judicial Academy does not hold itself liable for any consequences, legal or otherwise, arising out of use of any such information. Designed and Developed by: Technical Team, High Court of Karnataka, Bengaluru Hosted by : NIC, Karnataka

We use • Deliver and maintain Google services • Track outages and protect against spam, fraud, and abuse • Measure audience engagement and site statistics to understand how our services are used and enhance the quality of those services If you choose to “Accept all,” we will also use cookies and data to • Develop and improve new services • Deliver and measure the effectiveness of ads • Show personalized content, depending on your settings • Show personalized ads, depending on your settings Non-personalized content and ads are influenced by things like the content you’re currently viewing and your location (ad serving is based on general location). Personalized content and ads can also include things like video recommendations, a customized YouTube homepage, and tailored ads based on past activity, like the videos you watch and the things you search for on YouTube. We also use cookies and data to tailor the experience to be age-appropriate, if relevant. Select “More options” to see additional information, including details about managing your privacy settings. You can also visit g.co/privacytools at any time.