Writ Petition No. 30371 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:1950 WP No. 30371 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 30371 OF 2024 (GM-FC) BETWEEN: SMT LEENA ABRAHAM W/O BYJU JOSEPH AGED ABOUT 42 YEARS OCC. HOUSE WIFE A-901, BRIGADE GARDENIA APARTMENT, J.P. NAGAR 7TH PHASE BANGALORE - 560 078. (BY SMT. LEENA ABRAHAM, PARTY-IN-PERSON) AND: …PETITIONER
Legal Reasoning
Digitally signed by NANDINI MS Location: High Court of Karnataka BYJU JOSEPH AGED 45 YEARS S/O TJ VARGHESE RESIDING AT NO. 4/1 5TH CROSS, THARAMANNIL HOUSE, MUDDANNA GARDEN VALAGARAHALLI ROAD HARSHA LAYOUT, KENGERI BANGALORE - 560 060 AND ALSO RESIDING AT BYJU JOSEPH PROJECT MANAGER, M/S INTELLIGENT SOFTWARE SOLUTIONS PVT LTD. 2A/3RD FLOOR, SOBHA ALEXANDER PLAZA, 16/2, COMMISSIONARAT ROAD BENGALURU - 560 025 AND RESIDING AT NO. 6-7-14 MINAMI YOSHINARI, AOBA-KU SENDAI MIYAGI - 989 - 3204 JAPAN, PASSPORT NUMBER. S5618316 PAN NUMBER. AESPJ6488B. (BY MRS. BHUSHANI KUMAR, ADV.) …RESPONDENT - 2 - NC: 2025:KHC:1950 WP No. 30371 of 2024 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE III ADDL COURT BENGLAURU TO DIRECT THE HONBLE III ADDL BENGALURU TO DISPOSE THE MATTERS WITHTIN 3 MONTHS IN MC 3129/2023 AS THE PRAYER FOR NULLITY OF MARRIAGE VIDE ANNX-A, D AND E AS THE CHILD BORN THROUGH DONOR SPERM IVF TREATMENT AND THE FIRST PETITION INITIATED BY THE PETITIONER IN 2021 GOT DISPOSED BASED ON SETTLEMENT TERMS WHICH IS VIOLATED BY THE RESPONDENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER 1.
Legal Reasoning
Party-in-person - Smt. Leena Abraham is present before this Court. 2. This petition is filed by petitioner/party-in-person for a direction to III Addl. Principal Judge, Family Court, Bengaluru, to dispose of M.C.No.3129/2023 within a period of three months which has been initiated by petitioner/wife for nullity of marriage and consequently, to pay Rs.1 crore as compensation for the mental agony, cheating and physical abuse etc. 3. Learned counsel for the respondent Mrs. Bhushani Kumar is present. It is submitted that in the earlier round of litigation in CP No.400/2024 C/w CP Nos.403/2024, 404/2024 and 405/2024, at the instance of petitioner/wife transfer petitions - 3 - NC: 2025:KHC:1950 WP No. 30371 of 2024 were filed to try all the matters together and this Court in the above mentioned Civil Petitions passed an order on 06.11.2024 at paragraph No.9 as follows:- "9. It is hereby ordered that the III Additional Family Court, Bengaluru shall club MC No.209/2022, MC No.3129/2022, OS No.416/2022 and OS No.2892/2022 and hear all of them on one particular day. The III Additional Family Court, Bengaluru shall not assign different dates for these cases and all the cases shall be posted and heard on the same day." 4. It is the contention of petitioner/party-in-person Smt. Leena Abraham that despite filing several petitions against her husband, the Family Court has not passed any order on maintenance. It is her grievance that despite her prosecuting the matter from the year 2022 and even prior to that in Kerala Courts, no order of maintenance is passed and no maintenance is paid by the husband till date. She is aggrieved by non-passing of the orders on her application for maintenance before the matters pending before the Family Court and the matters pending under the Domestic Violence - 4 - NC: 2025:KHC:1950 WP No. 30371 of 2024 Act. This Court after considering all the submission of party-in- person, at paragraph No.11 has passed the following order in the said Civil Petitions as follows:- "11. There is another complaint of the petitioner that her interlocutory applications have not been disposed of. Learned counsel appearing to the husband, however, refutes this argument. Be that as it may, if there are any interlocutory applications pending in any of the four matters, the III Additional Family Court, Bengaluru shall consider the same and dispose of them at the earliest, subject to the co-operation of the wife as well as the husband." 5. Therefore, there need not be any order from this Court with regard to expeditious disposal of the case as already this Court has passed an order to expeditiously dispose of the matters together by particular Court pertaining to the parties involved in the litigation subject to cooperation of the wife as well as husband. Nevertheless be that as it may, the order is passed on 06.11.2024 and this petition is filed prior to the said order being passed in the above mentioned Civil Petitions. Under the circumstances, this Court is of the opinion that as already the orders are passed to try all the cases together in - 5 - NC: 2025:KHC:1950 WP No. 30371 of 2024 one particular Court i.e., III Additional Principal Judge, Family Court, Bengaluru, together, this Court reiterates that the Family Court dealing with the matters in MC No.209/2022, MC No.3129/2022, OS No.416/2022 and OS No.2892/2022 shall hear all the matters together and pass suitable orders expeditiously on the main matter. So also, the Family Court shall consider the application of the petitioner/party-in-person with regard to her maintenance claim made in any of the proceedings and pass suitable orders within a period of two months from the date of receipt of a certified copy of this order.
Decision
Accordingly, this petition is disposed of. 6. It is the grievance of the petitioner that she has filed several other applications. The Family Court shall take into consideration these applications and decide the matter after providing reasonable opportunity to the respondent to file necessary objections and deal with the matter in accordance with law expeditiously without granting unnecessary adjournments to either of the parties. - 6 - NC: 2025:KHC:1950 WP No. 30371 of 2024 7. It is needless to mention that the Family Court is at liberty to impose cost be it exemplary, against any of the parties for unnecessary protraction of the proceedings. Sd/- (PRADEEP SINGH YERUR) JUDGE DN