Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 20749 (KAR)

SMT. PHOLOMINE VEENA JOSEPH v. SRI. DEEPAK MANOHARAN JOSEPH

WP/9511/2025 · 2025-06-09

Lalitha Kanneganti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:19504 WP No. 9511 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9511 OF 2025 (GM-FC) BETWEEN: SMT. PHOLOMINE VEENA JOSEPH AGED ABOUT 42 YEARS, RESIDING AT FLAT NO. 402, 4TH FLOOR, NAVYA TRINITY ENCLAVE, AKKAMMA LAYOUT, BANASWADI, BANGALORE- 560 033 PH. NO. 6366334481 …PETITIONER (BY MS.JANHAVI C., ADVOCATE FOR SMT.USHA REDDY K.P., ADVOCATE) AND: SRI. DEEPAK MANOHARAN JOSEPH S/O. JOSEPH, AGED ABOUT 45 YEARS, NO.104, SOLITAIRE RESIDENCY, 90/1 AND 90/2, BYRATHI VILLAGE, KOTHANUR, BANGALORE-560 077 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE HONBLE III ADDL. PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, TO EXPEDITIOUSLY DISPOSE OF MC NO. 473/2020 WITHIN A PERIOD OF THREE MONTHS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19504 WP No. 9511 of 2025 ORAL ORDER The present writ petition is filed by the petitioner seeking the following prayer: a. Issue an appropriate writ, order or direction to the Hon’ble III Additional Principal Judge, Family Court, Bangalore to expeditiously dispose of MC.No.473/2020 within a period of three months. b. Pass such other orders or directions as this Hon’ble Court may deem fit in the interests of justice and equity. 2. It is submitted by the learned counsel appearing for the petitioner that the MC.No.473/2020 is pending from a long time and the respondent is taking unnecessary adjournments as such there shall be a direction to the family court to expeditiously dispose of the matter. 3. This case is pending before the III Addl. Principal Judge, Family Court, Bengaluru. It is the contention of the learned counsel that the I.A. is filed in the year 2022 is still not disposed and child has completed his 12th standard and mother is not having financial capacity to join him in a college and hence there shall be a direction to the family court to dispose of the case expeditiously. - 3 - HC-KAR NC: 2025:KHC:19504 WP No. 9511 of 2025 4. The MC is of the year 2020 and as per the statistics there are about 60 MC cases pending before the III Addl. Prl. Judge, Family Court, Bengaluru and there cannot be a direction to the family court to expeditiously dispose of the matter out of turn, where as the other cases of 2020 are still pending. 5. When an I.A. is filed in the year 2022, this court is not able to understand why the I.A. is kept pending till now. Even if the respondent is not co-operating and not filing the statement of assets and liabilities, the court has to proceed as per the law laid down by the Hon’ble Apex Court in the case of Rajneesh Vs. Neha1 and eternally the I.As., cannot be kept pending. 6. In that view of the matter, this court is passing the following: ORDER i. The writ petition is disposed of directing the family court to expeditiously dispose of the I.A. pending for maintenance. 1 (2021) 2 SCC 324 - 4 - HC-KAR NC: 2025:KHC:19504 WP No. 9511 of 2025 ii. The family court shall not grant unnecessary adjournments to either of the parties and shall dispose of the case in accordance with law. iii. No notice is issued to the respondent as no adverse orders are passed and disposal of the case is in the interest of both the parties. iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 19