T. ANUSHA v. SRI. THARAPPA
Case at a glance
Provisions considered
- Constitution of India art. 227
- Code of Criminal Procedure, 1973 s. 125
Key paragraphs
- Para 22. T. AMULYA, D/O THARAPPA, AGED ABOUT 17 YEARS, PETITIONER NO.2 IS MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER, SMT. SIDDAGANGAMMA @ SUMA, W/O THARAPPA, AGED ABOUT 54 YEARS, RESIDING AT JYOTHINAGAR, SIRA-572 137, TUMKUR DISTRICT. (BY SRI. R. RAMACHANDRAIAH., ADVOCATE) AND: …PETITIONERS SRI. THARAPPA, S/O…
Judgment
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16550 OF 2025 (GM-FC) BETWEEN:
T. ANUSHA, D/O THARAPPA, AGED 25 YEARS,
T. AMULYA, D/O THARAPPA, AGED ABOUT 17 YEARS, PETITIONER NO.2 IS MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER, SMT. SIDDAGANGAMMA @ SUMA, W/O THARAPPA, AGED ABOUT 54 YEARS, RESIDING AT JYOTHINAGAR, SIRA-572 137, TUMKUR DISTRICT. (BY SRI. R. RAMACHANDRAIAH., ADVOCATE) AND: …PETITIONERS SRI. THARAPPA, S/O KENCHANNA, AGED 59 YEARS, WORKING AS LOCO-PILOT, SOUTHERN WESTERN RAILWAY, BENGALURU. R/AT DEVAGONDANAHALLI, TALAGUNDA POST, SIRA TALUK – 572 137. TUMAKURU DISTRICT. MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:20594 WP No. 16550 of 2025 HC-KAR (NOTICE NOT ORDERED TO RESPONDENT VIDE ORDER DATED 16.06.2025) …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF MANDAMUS OR ANY APPROPRIATE WRIT, ORDER OR DIRECTIONS TO EARLY DISPOSAL OF CRL. MIS. NO.446/2015 PENDING ON THE FILE OF HONBLE CIVIL JUDGE AND JMFC AT SIRA FILED U/S 125 OF CR.P.C SEEKING MAINTENANCE FROM THE DATE OF FILING FROM THE RESPONDENT I.E. ON 18/06/2015 VIDE ANNEXURES - A AND A1 RESPECTIVELY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The Criminal Miscellaneous is of the year 2015.
When this petition has come up before this Court on 12.06.2025, wherein they have sought a direction for the early disposal of Crl. Misc. No.446/2015 pending on the file of the Civil Judge & J.M.F.C. at Sira. This Court has called for a Report from the concerned. As this Court was surprised to see that Criminal Miscellaneous of 2015 is not even disposed of till now. Neither the criminal miscellaneous is disposed nor the interim maintenance is granted by the Court. Now, a Report is placed before this Court stating that the respondent has denied the relationship between the parties. The said Report is placed - 3 - NC: 2025:KHC:20594 WP No. 16550 of 2025 HC-KAR before this Court and the same is not convincing. It is stated that husband had denied the relationship. If the husband has denied the relationship, it would not take 10 years to decide that. It is very unfortunate that a petition of 2015 is pending till 2025 and without there being any order from the Court.
The Court shall decide these applications in a time bound manner. At least interim application ought to have been considered within a time bound manner and even for final disposal of the criminal miscellaneous also, whatever are the reasons it cannot take 10 years. As per the Report, it is not forthcoming that in any of the petitions stay is granted by the Court.
2. In these circumstances, this Court is of the view that the Writ Petition has to be allowed and there shall be a direction to the trial Court to dispose of the matter within one month from the date of the receipt of the copy of this order. It is made very clear that no further time will be granted and Court shall not grant unnecessary adjournments and even if there is any objections from the other side, within a time bound manner, issue shall be decided. Accordingly, this Court is passing the following: - 4 - NC: 2025:KHC:20594 WP No. 16550 of 2025 HC-KAR ORDER (i) The Trial Court is directed to dispose of the matter within one month from the date of receipt of copy of the order and no further time will be granted. (ii) Both the parties shall not seek unnecessary adjournments and the Court shall not entertain. (iii) The Writ Petition is accordingly allowed. (iv) This Court has not issued notice to the respondent as no adverse orders are passed against the respondent and disposal of the case is in the interest of both the parties. (v) All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE KA List No.: 1 Sl No.: 20 Ct: sn
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.