- 1 - NC: 2025:KHC:4793 WP No. 2785 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.2785 OF 2025 (GM-FC) BETWEEN: SRI M.G.RAGHAVENDRA S/O.LATE M.GANGADHARAIAH AGED ABOUT 42 YEARS PRACTICING AS AN ADVOCATE R/AT NO.321, 7TH MAIN BCMC LAYOUT, RAGHUVANAHALLI KANAKAPURA MAIN ROAD BENGALURU-560 062 …PETITIONER (BY SMT.K.VIJAYALAKSHMI, ADVOCATE) AND: SMT.SHOBHA L. W/O.SRI M.G.RAGHAVENDRA D/O.LATE LAKSHMINARAYANA A.N. AGED ABOUT 35 YEARS R/AT DAIVIK NILAYA SITE NO.20, BHAVANI LAYOUT 11TH CROSS, I.U.D.P.LAYOUT CHITRADURGA TOWN-577 501 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM COURT AT CHITRADURGA TO DISPOSE OF AN INTERLOCUTORY APPLICATION (IA.NO.3) WITHIN A WEEK IN M.C.NO.99/2023 FILED UNDER SECTION 21B OF HINDU MARRIAGE ACT READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE VIDE ANNEXURE-B TO THE WRIT PETITION. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4793 WP No. 2785 of 2025 CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner and learned counsel for respondent. 2. This petition is filed by the petitioner-husband against the respondent-wife seeking a writ of mandamus for a direction to the Principal Senior Civil Judge and CJM, Chitradurga to dispose of Interlocutory Application in IA.No.3 within a week in MC.No.99/2023 filed under Section 21B of the Hindu Marriage Act, 1955 (for short, 'the Act') read with Section 151 of CPC. 3. The grievance of the petitioner-husband is that he has filed a petition under Section 13(1)(ia) and (ib) of the Act before the Family Court for decree of divorce dissolving the marriage between the petitioner and the respondent. Despite the petition having been filed on 26.05.2023, no progress is made in the petition. However, the respondent has been taking unnecessary adjournment time and again. Initially, the matter was pending before - 3 - NC: 2025:KHC:4793 WP No. 2785 of 2025 the Family Court at Bengaluru. Thereafter, at the instance of the respondent, the case was transferred to the Principal Senior Civil Judge and CJM, Chitradurga. Since no objection statement was filed to the main petition and the matter was prolonged and dragged on, the petitioner herein filed an application under Section 21B of the Act read with Section 151 of CPC seeking to speed up the process of the case. Hence, the petitioner is before this Court seeking for a direction to the Principal Senior Civil Judge and CJM, Chitradurga to expedite the matter in consonance with Section 21B of the Act. 4. 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 endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent." 5. This Court does not find any need to issue notice to the respondent, as no order adverse to the interest of - 4 - NC: 2025:KHC:4793 WP No. 2785 of 2025 the respondent is passed. Therefore, this Court is inclined to direct the Principal Senior Civil Judge and CJM, Chitradurga to expedite the matter in accordance to Section 21B of the Act and dispose of the matter expeditiously as contemplated under the Act. 6. Under the circumstance, this petition deserves to be allowed. Accordingly, I pass the following: ORDER i) This petition is allowed; ii) The Principal Senior Civil Judge and CJM at Chitradurga, is hereby directed to dispose of the matrimonial proceedings in MC.No.99/2023 pending before it, expeditiously; iii) It is needless to mention that the Principal Senior Civil Judge and CJM at Chitradurga shall provide reasonable opportunity to both the parties and make an endeavour to dispose off the matter as soon as possible, considering the intent of Section 21B of the Act; - 5 - NC: 2025:KHC:4793 WP No. 2785 of 2025 iv) It is made clear that this Court has not expressed any opinion on the merits of the matter; v) The Principal Senior Civil Judge and CJM at Chitradurga shall deal with the matter independently, without being influenced by any observation of this Court; vi) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 1 Sl No.: 39