- 1 - NC: 2025:KHC:6150 WP No. 36512 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 36512 OF 2024 (GM-FC) BETWEEN: DEEPAK KUMAR SINHA, S/O LATE YUGESHWAR PRASAD SINHA, AGE 50 YEARS, R/O A7-303, PROVIDENT HARMONY CHOKKANAHALLI MAIN ROAD, RK HEGDE NAGAR, BANGALORE - 560 064. EMAIL ID: dsinha_k@yahoo.com MOBILE NO: 98451 57376. …PETITIONER (BY SRI DEEPAK KUMAR SINHA, PARTY-IN-PERSON) AND: KUMARI ABHA SINHA, W/O DEEPAK KUMAR SINHA, AGE 55 YEARS, R/O A-101, VINEYARD GARDENS , DODDA BANASWADI, BANASWADI MAIN ROAD, BANGALORE - 560 043, EMAIL ID: abha_tisco@yahoo.com, MOBILE NO: 83109 70221. …RESPONDENT THIS WRIT PETITON IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE VI ADDITIONAL FAMILY COURT, BANGALORE TO DISPOSE OF PROCEEDINGS IN M.C.NO.3994/2017 FILED UNDER SECTION 13(1)(IA) OF HINDU MARRIAGE ACT BY THE PETITIONER WITHIN ONE MONTH TIME DRAWING THIS HON'BLE COURT'S ATTENTION TO ANNEXURES - A, B, C. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6150 WP No. 36512 of 2024 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-husband seeking direction to the learned VI Additional Principal Judge, Family Court, Bengaluru to dispose of the proceedings in M.C.No.3994/2017 within one month. 2. The petitioner-husband initiated a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, 'the Act') against respondent-wife. 3. The petitioner is appearing in party-in-person and is being permitted to do so by obtaining Form-A and Form-B from the party-in-person Committee. 4. This Court does not find any need to issue notice to the respondent, as no adverse orders are passed against the respondent and also no relief is sought against the respondent, except for expeditious disposal of the petition. - 3 - NC: 2025:KHC:6150 WP No. 36512 of 2024 5. It is the vehement contention of Sri Deepak Kumar Sinha, party-in-person that after initiating the divorce petition on 07.08.2017 and the respondent-wife on appearance, has been protracting and prolonging the matter. She has filed several applications successfully protracting the proceedings and so also she has changed several lawyers on her behalf, thereby unduly protracting and dragging the proceedings. The Family Court has ordered interim maintenance for the younger son, whereas the elder son is residing with the petitioner-husband. 6. It would be relevant to extract Section 21B(1) and (2) of the Act, which reads as under: "21B. xxxxx (1) The trial of a petition under this Act shall, so far as is practicable consistently with the interest of justice in respect of the trial, be continued from day to day until its conclusion unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. - 4 - NC: 2025:KHC:6150 WP No. 36512 of 2024 (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." 7. The very provision stated hereinabove contemplates that every petition filed before the Family Court shall be tried and disposed of expeditiously and an endeavor shall be made by the Family Court to dispose of the matter within six months from the date of service of notice of the petition to the respondent. Unfortunately, in the present case, though the petition was filed in the year 2017 and today we are presently in the month of February 2025, more than 8 years have been passed and the case has not seen the light of the day. The petitioner and the respondent are before the Court from the past eight years without any relief. The purpose and intent of the provisions are to see that the parties come before the Court for matrimonial disputes and get immediate relief and part either way to lead their own lives and live - 5 - NC: 2025:KHC:6150 WP No. 36512 of 2024 peacefully thereafter. In the present case there is no such relief or remedy that is provided to the parties. Under the circumstances, I accept the arguments put forth by Sri Deepak Kumar Sinha, party-in-person in the present case and the petition deserve to be allowed with a direction to the learned VI Additional Principal Judge, Family Court, Bengaluru to decide the matter as expeditiously as possible. 8. It is stated by the petitioner-party-in-person that the petitioner initiated divorce petition and the respondent-wife has filed another petition for restitution of conjugal rights in M.C.No.5355/2018. The petitioner has already adduced evidence in the divorce petition. The Family Court shall club both the matters and try the same together. In view of the matters being clubbed together, the petitioner will have to be provided an opportunity to lead further evidence, if any. - 6 - NC: 2025:KHC:6150 WP No. 36512 of 2024 9. Accordingly, I pass the following: ORDER i) The writ petition is allowed; ii) VI Additional Principal Judge, Family Court, Bengaluru is hereby directed to dispose of the proceedings in M.C.Nos.3994/2017 and 5355/2018 expeditiously within an outer limit of four months from the date of receipt of copy of this order; iii) It is made clear that this Court has not expressed any opinion on the merits of the matter; iv) The Family Court shall provide reasonable opportunity to both the parties to adduce their evidence and prosecute the matter in accordance with law. v) It is made clear that the Family Court is at liberty to impose cost for unnecessary adjournments and delay in proceedings as the matter is more than seven years old. vi) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT: BHK