- 1 - NC: 2025:KHC:5296 WP No. 2869 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.2869 OF 2025 (GM-FC) BETWEEN: T.JAGADEESHA S/O.THIPPEGOWDA AGED ABOUT 32 YEARS R/AT MOODANAHALLI VILLAGE AKKIHEBBALU HOBLI KRISHNARAJAPETE TALUK MANDYA DISTRICT-571 401 …PETITIONER (BY SRI GANESHA B.C., ADVOCATE) AND: ASHIKA N. W/O.T.JAGADEESHA AGED ABOUT 32 YEARS R/AT MAKAVALLI VILLAGE & POST KASABA HOBLI KRISHNARAJAPET TALUK MANDYA DISTRICT-571 401 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, K.R.PETE TO EXPIDITE THE JUDICIAL PROCESS IN MC.NO.4/2023 FILED BY THE PETITIONER UNDER SECTION 13(1) (1a) OF THE HINDU MARRIAGE ACT 1955 AGAINST THE RESPONDENT HEREIN VIDE ANNEXURE-A AND TO DISPOSE THE PROCEEDINGS WITHIN AN OUTER LIMIT NOT MORE THAN A PERIOD OF 3 MONTHS. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5296 WP No. 2869 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 for a direction to Additional Senior Civil Judge and JMFC, K.R.Pete to dispose of the matter in MC.No.4/2023 expeditiously within an outer limit of three months. 2. This Court is not inclined to issue notice to the respondent, as no adverse order is passed against the respondent. 3. It is the contention of learned counsel for petitioner-husband that the marriage between the petitioner and the respondent was solemnised on 28.04.2013 and two children were born from the marriage. However, due to disharmony and misunderstanding between the petitioner and the respondent for 9 long years, the petition for divorce came to be filed by the petitioner-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, ‘the - 3 - NC: 2025:KHC:5296 WP No. 2869 of 2025 Act’) in MC.No.4/2023. It is further contended that in the said proceedings, the respondent entered appearance on 28.07.2023 and the petitioner-husband has adduced evidence after the objection to the main petition is filed by the respondent-wife. Despite several adjournments being granted, no progress is made in the petition. The matter is now set down for cross-examination of the petitioner’s witness, PW.1. 4. It is further contended by learned counsel for petitioner-husband that the matter has been prolonged and protracted for no reason whatsoever. It is also vehemently contended by learned counsel that the petitioner is undergoing medical issues and has been advised to undergo surgery and the pendency of this matter is causing more agony to the petitioner. Hence, the present petition is filed for expeditious disposal of the matter in MC.No.4/2023 pending on the file of the Additional Senior Civil Judge and JMFC, K.R.Pete. - 4 - NC: 2025:KHC:5296 WP No. 2869 of 2025 5. Admittedly, the provisions of the Act are clear with regard to proceedings to be expedited, more specifically, Section 21B of the Act deals with special provisions relating to trial and dispose of the petition. 6. Sections 21B(1) and (2) of the Act reads as under: "21B. Special provision relating to trial and disposal of petitions under the Act.─(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. (2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. xxxxxxxxxx" 7. In view of the above said provision, matrimonial proceedings relating to the dispute between the husband - 5 - NC: 2025:KHC:5296 WP No. 2869 of 2025 and wife requires to be decided expeditiously in order to put an end to the ordeal between the husband and wife. 8. Under the circumstance, I pass the following: ORDER i) This petition is allowed; ii) The Additional Senior Civil Judge and JMFC, K.R.Pete, is hereby directed to dispose of the proceedings in MC.No.4/2023 expeditiously within an outer limit of six months from the date of receipt of a copy of this order; iii) The trial Court shall provide reasonable opportunity to both parties; iv) The trial Court is at liberty to impose costs on both parties for unnecessary adjournments. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 2 Sl No.: 1