Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13211 WP No. 7892 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 7892 OF 2025 (GM-FC) BETWEEN:
ANKITA AGARWAL, AGED ABOUT 45 YEARS, W/O AMIT KUMAR RAJGARHIA, R/AT. NO.602, ATHENS I, PRESTIGE AEROPOLIS, NO.20, HOSUR ROAD, KORAMANGALA, BANGALORE - 560 029. …PETITIONER (BY SRI SURESH P., ADVOCATE)
AND:
AMIT KUMAR RAJGARHIA, AGED ABOUT 46 YEARS, S/O LATE AJAYKUMAR RAJGARIHIA, R/AT. E-102, SPRING FIELD APARTMENT, SARJAPURA ROAD, BANGALORE - 560 102. …RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE HONBLE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU FOR SPEEDY DISPOSAL OF THE M.C.NO.5360/2020 VIDE ANNEXURE-A FILED BY THE PETITIONER FOR DISSOLUTION OF MARRIAGE WHICH WAS HELD ON 10.07.2005 AT HOTEL CROWN PLAZA NEW DELHI.
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
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NC: 2025:KHC:13211 WP No. 7892 of 2025
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Heard learned counsel for petitioner.
2. This petition is filed by the petitioner-wife against the respondent-husband seeking a writ of mandamus for a direction to V Additional Principal Judge, Family Court, Bengaluru to dispose off the petition in MC.No.5360/2020 filed by the wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, 'the Act') for dissolution of marriage expeditiously.
3. Learned counsel for petitioner-wife contends that petitioner-wife has filed a petition under Section 13(1)(ia) 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 23.12.2020, no progress is made in the petition. However, when the matter was posted for
arguments on 20.01.2025, the respondent is filing applications to recall PW.1 for further cross-examination, despite concluding the
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NC: 2025:KHC:13211 WP No. 7892 of 2025
cross-examination in order to prolong and protract the proceedings without any reasonable cause. He further contends that the respondent has also been taking unnecessary adjournments time and again. Hence, the petitioner is before this Court seeking speedy disposal.
4. Admittedly, the provisions of the Act are clear and unambiguous, more specifically, Section 21B of the Act deals with special provisions relating to trial and disposed off the petition.
5. Section 21B(2) of the Act reads as under:
"21B. Special provision relating to trial and disposal of petitions under the Act.─(1) xxxxxxxxxx xxxxxxxxxxxxx. (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"
6. In view of the above said provision, the matrimonial proceedings relating to the dispute between
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NC: 2025:KHC:13211 WP No. 7892 of 2025
the husband and wife requires to be decided expeditiously in order to put an end to the ordeal between the husband and wife.
7. Under the circumstance, I pass the following:
ORDER i) This petition is allowed; ii) V Additional Principal Judge, Family Court, Bengaluru is hereby directed to dispose off the matrimonial proceedings in MC.No.5360/2020 pending before it, expeditiously; iii) It is needless to mention that V Additional Principal Judge, Family Court, Begnaluru 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;
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NC: 2025:KHC:13211 WP No. 7892 of 2025
iv) It is made clear that this Court has not expressed any opinion on the merits of the matter; v) V Additional Principal Judge, Family Court, Begnaluru shall deal with the matter independently, without being influenced by the observation of this Court; vi) Ordered accordingly.
Sd/- (PRADEEP SINGH YERUR) JUDGE
CPN List No.: 1 Sl No.: 17 CT: BHK