Karnataka High Court
WP/18866/2026 of MR GAFFAR BAIG Vs MRS. C M SUFIYA on 22 September 2026
CNR: KAHC010412722026 NC: 2026:KHC:52195 WP No. 18866 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18866 OF 2026 (GM-FC) BETWEEN: MR.GAFFAR BAIG AGED ABOUT 56 YEARS S/O LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 18866 OF 2026 (GM-FC)
BETWEEN:
MR.GAFFAR BAIG
AGED ABOUT 56 YEARS
S/O LATE ABDULLA BAIG
RESIDING AT NO. 344,
INNER CIRCLE, 6TH CROSS,
WHITEFIELD,
BENGALURU - 560 066
…PETITIONER
(BY SMT. SUSHMA H.R., ADVOCATE)
AND:
MRS. C.M.SUFIYA
AGED ABOUT 54 YEARS
D/O LATE C. M. K. ALI
RESIDING AT NO. 344,
2ND FLOOR, INNER CIRCLE,
6TH CROSS, WHITEFIELD,
BENGALURU - 560 066
…RESPONDENT
(BY SRI. SYED AHMED, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASHING/SET
ASIDE
THE
IMPUGNED
Citations and Judicial Treatment
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ORDER
DATED 11.03.2025 (ANNEXURE-A) PASSED BY THE PRL. CIVIL JUDGE BENGALURU RURAL ON IA NO. 1 IN OS NO. 387/2025 WHICH HAS RESTRAINED PETITIONER FROM CONTRACTING ANOTHER MARRIAGE DURING PENDENCY OF THE PROCEEDINGS AND
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
HC-KAR
THE SAME INTERIM ORDER HAS BEEN EXTENDED BY THE CIVIL JUDGE AND JMFC KRISHNARAJAPURAM BENGALURU RURAL IN THE TRANSFERRED FILE OF OS 1590/25.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The petitioner is aggrieved by the order dated 11.03.2025, passed in O.S. No. 387/2025, on the file of the Prl. Civil Judge, Bengaluru Rural District, Bengaluru, which granted an ex parte temporary injunction restraining the defendant from contracting a second marriage.
2. Learned counsel for the petitioner/husband submits that the parties are Muslims and are governed by Muslim law. Although they are married under the Special Marriage Act, that Act is not applicable. It is also submitted that the order of the trial Court is violative of the rights guaranteed to the petitioner under the Constitution, and that she intends to rely on certain documents. This Court is not inclined to consider these aspects when the remedy of the petitioner is before the very same Court. The petitioner cannot come before this Court by filing a
HC-KAR
writ petition. Hence, without going into the merits of the matter, this Court is passing the following:
ORDER
i. Accordingly, the writ petition is disposed of, giving liberty to the petitioner to avail the appropriate remedy before the trial Court.
ii. On such application, the trial Court shall consider the same expeditiously.
iii. All pending I.As., in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
PKN List No.: 1 Sl No.: 36 *AK