SRI CHAKRADHAR V v. SMT.VEMULAPALLI LALITHA @ LALITHA MAHAMKALI
WP/2459/2025 · 2025-02-18
Pradeep Singh Yerur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45818 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45818 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7214 WP No. 2459 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 2459 OF 2025 (GM-FC) BETWEEN:
SRI. CHAKRADHAR V, S/O LATE SRI. VEMULAPALLI BABU RAO, AGED ABOUT 43 YEARS, R/AT NO. 714-C, 8TH MAIN, 6TH CROSS, B BLOCK, VINAYAKANAGAR, HAL POST, KONENA AGRAHARA, BANGALORE - 560 017. …PETITIONER (BY MS. CHANDANI G.S, ADVOCATE FOR SRI. SUBBA RAO G.S, ADVOCATE) AND:
SMT. VEMULAPALLI LALITHA @ LALITHA MAHAMKALI, D/O M. CHANDRASEKHAR, W/O SRI. CHAKRADHAR V, AGED ABOUT 39 YEARS, R/AT NO. 13, SURAJ ENCLAVE, 1ST CROSS, ABBIGERE, SHETTY HALLI, WARD NO. 12, BANGALORE - 560 090. …RESPONDENT
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE HONBLE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:7214 WP No. 2459 of 2025 BENGALURU ANNEX-A TO EXPEDITE THE TRIAL IN M.C.NO.251/2020 PENDING ON THEIR FILE AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner, who had initiated a petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 before the Family Court at Bengaluru against the respondent-wife. 2. Petitioner is before this Court seeking a writ of mandamus for a direction to IV Additional Principal Judge, Family Court, Bengaluru to dispose of the petition in M.C.No.251/2020 expeditiously being dissatisfied with the slow progress as the petition was filed in the year 2020, no outcome has come out even as of 2025. Hence, the present petition for expeditious disposal. 3. This Court does not find the need for issuance of notice to respondent as no relief is sought against the
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NC: 2025:KHC:7214 WP No. 2459 of 2025 respondent, so also no adverse orders is passed by this Court against the respondent. 4. It is the case of the petitioner that he has filed the petition to dissolve the marriage between petitioner and respondent that was solemonized at Sri Lakshmi Venkateshwara Swamy Kalyana Mantapa, Venkataramana Colony, Kurnool on 28.11.2010 as per the Hindu Rites and Rituals and registered on 29.01.2011 in the office of Sub- registrar, Kallur. Presently, the case is posted for further cross-examination of RW.1 before the Family Court. 5. It is the contention of learned counsel for the petitioner that for one reason or the other, time is being sought by the respondent and thereby, the proceedings are not being concluded at the earliest. 6. On perusal of the order sheet, it is seen that matter was posted for cross-examination of RW.1 on
28.05.2024. Thereafter, due to absence of RW.1 the matter was adjourned and again, the respondent remained
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NC: 2025:KHC:7214 WP No. 2459 of 2025 absent along with her counsel. Hence, the cross- examination could not be completed. On the previous date of hearing, that is on 07.12.2024 petitioner and counsel were present, but respondent was absent. Matter was adjourned to 04.02.2025 and presently, the case is posted to 25.03.2025 for further cross-examination of respondent-RW.1.
Since the petition is initiated in the year 2020, the matrimonial proceedings in any of the Courts be it Family Court or in the Civil Court requires to be decided expeditiously, as the question involved is of custody and visiting rights of the either of the parents with regard to the minor child, the focus being on the welfare and interest of the minor child. 7. Under the above circumstances, I am in agreement with learned counsel for the petitioner that matter requires to be disposed of expeditiously. It would not cause any hardship or inconvenience to the respondent, if an order is passed directing the Family Court to dispose of the matter expeditiously by giving
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NC: 2025:KHC:7214 WP No. 2459 of 2025 proper opportunity to both the parties. In the present case on hand, the stage of the case before the Family Court is for cross-examination of RW.1. Therefore, this matter requires to be allowed. 8. Accordingly, I pass the following:-
ORDER (i) The petition is allowed; (ii) The IV Additional Principal Judge, Family Court, Bengaluru is directed to dispose of the case in M.C.No.251/2020 expeditiously within an outer limit of six months; (iii) The Family Court shall make an endeavour to dispose of the matter in a time bound manner stated herein above; (iv) The Family Court shall provide reasonable opportunity to both the parties; (v) The Family Court is at liberty to impose cost on both the parties if unnecessary adjournments are sought;
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NC: 2025:KHC:7214 WP No. 2459 of 2025 (vi) Both the parties shall co-operate for expeditious disposal of the case; and (vii) It is made clear this Court has not expressed any opinion on the merits of the matter. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE JY List No.: 1 Sl No.: 11 CT: BHK