Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:12081 WP No. 7732 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.7732 OF 2025 (GM-FC)
BETWEEN:
M.S.SHASHIDHAR S/O.LATE M.T.SRINIVAS AGED ABOUT 36 YEARS R/AT NO.498, 4TH CROSS 11TH MAIN, WEST OF CHORD ROAD BENGALURU-560 086 …PETITIONER (BY SRI VAGEESHA N., ADVOCATE)
AND:
SMT.SOWMYA AGED ABOUT 36 YEARS R/AT NO.72, 6TH CROSS NEAR NANDHA THEATRE PIPE LINE ROAD, J.C.NAGAR MAHALAKSHMIPURAM LAYOUT BENGALURU-560 086 … RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO DISPOSE OF MC.NO.633/2017 VIDE ANNEXURE-A EXPEDITIOUSLY WITHIN A PERIOD OF TWO MONTHS.
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:12081 WP No. 7732 of 2025
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Heard learned counsel for petitioner.
2. This Court is not inclined to issue notice to the respondent, as no adverse order is passed against the respondent.
3. This petition is filed by the petitioner-husband against the respondent-wife seeking a writ of mandamus for a direction to V Additional Principal Judge, Family Court, Bengaluru to dispose off the petition in MC.No.633/2017 filed by the husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, 'the Act') for dissolution of marriage.
4. Learned counsel for petitioner-husband contends that petitioner-husband 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 01.02.2017, no progress is made in the petition. However,
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NC: 2025:KHC:12081 WP No. 7732 of 2025
when the matter was posted for
arguments on 15.11.2022, the respondent is filing frivolous applications to recall PW.1 for further cross-examination, despite concluding the cross-examination in order to prolong 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.
5. 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 dispose of the petition.
6. 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"
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NC: 2025:KHC:12081 WP No. 7732 of 2025
7. In view of the above said provision, the matrimonial proceedings relating to the dispute between the husband 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) V Additional Principal Judge, Family Court, Bengaluru, is hereby directed to dispose off the proceedings in MC.No.633/2017 expeditiously within an outer limit of three months from the date of receipt of a copy of this order, as the parties have concluded the evidence and the matter is posted for arguments of the respondent- wife; iii) The Family Court is at liberty to impose costs on both parties for unnecessary adjournments.
Ordered accordingly.
Sd/- (PRADEEP SINGH YERUR) JUDGE LB/List No.: 1 Sl No.:38