Writ Petition No. 1815 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:3193 WP No. 1815 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.1815 OF 2025 (GM-FC) BETWEEN: SRI S.R.NAVEEN KUMAR S/O.RENUKAPPA AGED ABOUT 34 YEARS R/AT NO.5, SULIKERE VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK-560 060 (BY SRI SYED HUSSAIN FOR SRI P.H.VIRUPAKSHAIAH, ADVOCATES) AND: SMT.MANASA H.L. @ SHRUTHI W/O.S.R.NAVEEN KUMAR AGED ABOUT 33 YEARS R/AT NO.859/A, 4TH CROSS COCONUT TREE ROAD T DASARAHALLI BENGALURU-560 057 …PETITIONER Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO DISPOSE OFF THE PETITION FILED BY THE PETITIONER IN MC.NO. 4563/2020 VIDE ANNEXURE-A EXPEDITIOUSLY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - NC: 2025:KHC:3193 WP No. 1815 of 2025 CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner-husband seeking a writ of mandamus directing V Additional Principal Judge, Family Court, Bengaluru to dispose off the petition in MC.No.4563/2020 expeditiously within an outer limit of five (05) months. 2. The petitioner-husband initiated a petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (for short, 'the Act') against the respondent-wife. 3. It is the vehement contention of learned counsel for petitioner-husband that despite the petition being filed in the year 2020, is not yet disposed off for one or the other reason and the same has been protracted and dragged on by the respondent-wife only with a reason to prolong the proceedings. It is also contended by learned counsel for petitioner-husband that at the instance of the respondent-wife, the application for maintenance came to be allowed by an order dated 23.05.2023 and the - 3 - NC: 2025:KHC:3193 WP No. 1815 of 2025 petitioner-husband has complied the said order by paying the maintenance regularly. 3.1 Learned counsel further contends that the petitioner-husband got examined himself as PW.1 on 08.08.2023 and thereafter, on several occasions, despite the case being set down for cross-examination of PW.1, the same has been dragged on by the respondent-wife without any proper or bona fide reason. It is the contention of learned counsel for petitioner-husband that the parents of the petitioner-husband are suffering from serious oldage ailments and though the petitioner-husband has been agitating this divorce petition since five (05) years, he is unable to see the end of the litigation. 3.2 It is also contended by learned counsel for petitioner-husband that the respondent-wife has initiated a proceeding under the provisions of the Protection of Women from Domestic Violence Act, 2005 in Crl.Misc.No.45/2023 seeking relief of maintenance and other reliefs, so also, the proceeding under Sections 498- - 4 - NC: 2025:KHC:3193 WP No. 1815 of 2025 A, 504 and 506 of IPC in CC.No.25615/2023 and another suit in O.S.No.2222/2023, which is pending adjudication before the Court of Principal Senior Civil Judge, Bengaluru Rural District. Therefore, it is the vehement contention of learned counsel that the present petition filed for divorce by the petitioner-husband has been dragging on without any rhyme or reason or any bona fide reason for cause of delay, which is causing severe hardship and inconvenience to the petitioner-husband. Under the circumstance, he is before this Court seeking a direction to V Additional Principal Judge, Family Court, Bengaluru to dispose off the petition expeditiously. 4. It is seen that the stage of the proceedings in MC.No.4563/2020 presently is for cross-examination of PW.1. On perusal of the order sheet, it is seen that the case was posted for cross-examination of PW.1 on 12.09.2023. After partly cross-examining PW.1 on 04.10.2023, there is no progress made for completing - 5 - NC: 2025:KHC:3193 WP No. 1815 of 2025 cross-examination of PW.1 after once again cross- examining the witness on 27.02.2024. 5. It is relevant to note that the divorce petition has been initiated by the petitioner-husband on 05.01.2021, now we are in the year 2025. Despite the matter having been posted for cross-examination of PW.1 several times, the respondent-wife has not utilised the opportunity to cross-examine and complete the cross-examination, though cross-examination of PW.1 has been partly done. The proceedings before the Family Court involves emotional issues between the husband and wife. Hence, the matter under such circumstance requires to be expedited in order to put an end to the ordeal undergone
Legal Reasoning
by the parties. Therefore, this is a fit case to exercise the discretion to direct the Family Court to deal with the petition in MC.No.4563/2020 and decide the matter expeditiously. Section 21B(2) of the Act reads as under:- "21B. xxxxx (2) Every petition under this Act shall be tried as expeditiously as possible and - 6 - NC: 2025:KHC:3193 WP No. 1815 of 2025 endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent." Therefore, it would be in the letter and spirit of the
Decision
Act that the petition is disposed of expeditiously. 6. As no adverse orders are passed as against the respondent-wife, notice is not issued to the respondent- wife. Therefore, this Court is inclined to direct the Family Judge to decide the matter expeditiously which would however be in the interest and beneficial to both the parties i.e. the petitioner-husband and the respondent- wife. 7. Under the circumstance, I pass the following: i) ii) ORDER This writ petition is allowed; A writ of mandamus is issued directing V Additional Principal Judge, Family Court, Bengaluru to dispose off the petition pending before it in MC.No.4563/2020 expeditiously within - 7 - NC: 2025:KHC:3193 WP No. 1815 of 2025 an outer limit of six (06) months from the date of receipt of a copy of this order; iii) It is made clear that the Family Court is at liberty to impose cost for unnecessary adjournments. However, the Family Court shall provide reasonable opportunity to both the parties in the matter; iv) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 24