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2025 DAILYLAW 10007 (KAR)

PRATHIBHA v. VIKRAM

WP/200735/2025 · 2025-03-21

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:1813 WP No. 200735 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 200735 OF 2025 (GM-FC) BETWEEN: MRS. PRATHIBHA W/O VIKRAM PATAVARI, D/O ERANNA NAVADAGI, AGED ABOUT 40 YEARS, OCC: GOVT JOB, R/O:H.NO.229 NEAR GANGADHARMATH, HALLIPET, BAGALKOT TALUK AND DIST. …PETITIONER (BY SRI. SHRIDEVI SHARANABASAPPA B. ALBA, ADVOCATE) AND: MR. VIKRAM S/O KURAMANTAMMA PATAWARI AGED ABOUT 46 YEARS, OCC: PRIVATE WORK, R/O: H.NO.10-A, NEAR BUS DEPOT, KHB COLONY YADGIR TALUK AND DIST. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE HON’BLE COURT OF SENIOR CIVIL JUDGE AND CJM YADGIR TO DISPOSE THE PETITION IN MC NO.43/2024 FILLED BY THE PETITIONER AND RESPONDENT AT THE EARLIEST, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1813 WP No. 200735 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Learned counsel for the petitioner submits that the petitioner and husband have filed joint petition seeking divorce on the file of Senior Civil Judge in M.C No.43/2024. 2. Learned counsel for the petitioner further states that despite a joint petition is being filed by the husband and wife, the husband is not appearing before the Court to take the mutual divorce to its logical end. Thus, she submits that a direction has to be issued to the learned Senior Civil Judge to dispose of the matter expeditiously. 3. If the husband is not willing to appear before the Senior Civil Judge Court where the petition seeking divorce on mutual terms is pending consideration, the petitioner is at liberty to file a petition seeking dissolution of marriage, if she makes out a ground under the Hindu Marriage Act, 1955. 4. Nothing survives for consideration. Accordingly, the petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE THM/List No.: 2 Sl No.: 18