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2025 DAILYLAW 23270 (KAR)

MR MANJA NAIK H v. MRS Y KAVYASHREE

WP/11277/2025 · 2025-06-04

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18888 WP No. 11277 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 11277 OF 2025 (GM-FC) BETWEEN: MR. MANJA NAIK H., AGED ABOUT 42 YEARS, S/O HEMLANAIK.O.SEVALAL, R/AT.C/O VEENA, #9, 13TH CROSS, 2ND MAIN, AGRAHARA DASARAHALLI, BENGALURU – 560 079. …PETITIONER (BY SRI ANIL R., ADVOCATE) AND: MRS. Y. KAVYASHREE, W/O. MANJU NAIK H., D/O.YUVARAJ, AGED ABOUT 32 YEARS, R/AT. #53, LAHARI ENCLAVE SF-202, 2ND FLOOR, SIMHADRI LAYOUT, UTTARAHALLI MAIN ROAD, BALAJI NAGAR, BENGALURU – 560 061. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, TO DISPOSE OF THE MC NO.3627/2022 PENDING WITHIN A PERIOD OF 6 MONTHS AND ETC., Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18888 WP No. 11277 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The petitioner is before this Court, seeking for the following reliefs: "WHEREFORE, the petitioner most humbly prays before this Hon'ble court: 1. Issue Writ of Mandamus with a direction to the 2nd additional Prl.Judge family court Bengaluru, to dispose of the MC No.3627/2022 pending within a period of 6 months; 2. Under the given facts and circumstances issues any other relief as deemed fit by this Hon'ble court in the interest of justice." 2. Learned counsel for the petitioner submits that the petitioner-husband is aged 44 years; if the matter is not expeditiously disposed of, he loses his chance of getting married for the second time and the Court is granting unnecessary adjournments and dragging on the matter. It is submitted that the wife is not keeping good health; as such, this has to be considered as the special case and orders need to - 3 - HC-KAR NC: 2025:KHC:18888 WP No. 11277 of 2025 be passed by this Court directing the Family Court to dispose of the matter expeditiously by fixing a time period. 3. Having heard the learned counsel for the petitioner, perused the material on record. This matter is pending before the Principal Judge, Family Court at Bengaluru and this M.C. is of the year 2022. There is a huge pendency in the Principal Judge, Family Court at Bengaluru and as submitted by the learned counsel for the petitioner, this is not a special case that warrants special orders from this Court and direction needs to be given to the Family Court to dispose of the matter expeditiously. However, it is made clear that the Family Court shall not give unnecessary adjournments to either of the parties and shall decide the matter in accordance with law. Accordingly, the petition is disposed of. SD/- (LALITHA KANNEGANTI) JUDGE CPN List No.: 1 Sl No.: 39