- 1 - NC: 2025:KHC:6153 WP No. 3236 of 2025 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. 3236 OF 2025 (GM-FC) BETWEEN: SRI SATHISH K, S/O SRI NIRANJAN K.N., AGED ABOUT 33 YEARS, R/AT NO.251, SAI SHAKTHI ENCLAVE, SF 8, B BLOCK, H.V.HALLI ROAD, RAJAJESHWARI NAGAR, BANGALORE - 560 098. …PETITIONER (BY SRI D.P.PRASANNA, ADVOCATE) AND: SMT. SHRUTHI B.S., D/O DAKSHAYANI B.S. AND SUDHARSHAN BABU B.R., AGED ABOUT 33 YEARS, R/AT NO.32, 2ND A MAIN, 2ND CROSS, GOVINDARAJA NAGAR, VIJAYANAGAR, BANGALORE - 40. PRESENTLY R/AT DOOR NO.24/25, GROUND FLOOR, NAGAKANNIKA TEMPLE ROAD, 3RD CROSS, DEREBAIL KONCHADY, MANGALURU - 575 008. NOW WORKING AS JUNIOR ENGINEER, MANGALORE CITY CORPORATION, MANGALORE - 575 001, DAKSHINA KANNADA DIST. …RESPONDENT Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6153 WP No. 3236 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECT THE HON'BLE TRIAL COURT/VI ADDITIONAL PRINCIPAL FAMILY COURT TO DISPOSE THE CASE IN M.C.NO.3720/2023 AS EARLY AS POSSIBLE WITHIN THE OUTER LIMIT OF THREE MONTHS IN THE INTEREST OF JUSTICE AND EQUITY. 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 against the respondent-wife seeking a writ of mandamus for a direction to VI Additional Principal Judge, Family Court, Bengaluru to dispose the case in M.C.No.3720/2023 expeditiously within an outer limit of three months. 2. The grievance of the petitioner-husband is that he has filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, '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 15.06.2023, no progress is made in the petition. However, the respondent has been - 3 - NC: 2025:KHC:6153 WP No. 3236 of 2025 taking unnecessary adjournment time and again. Thereafter, the respondent-wife has filed a petition for the same relief of divorce in M.C.No.315/2023 before the Family Court at Mangaluru. However, the petitioner- husband has filed transfer petition seeking transfer of the petition from the Family Court at Mangaluru to the Family Court at Bengaluru before this Court. On the other hand, the respondent-wife has also filed a transfer petition seeking transfer of the petition in M.C.No.3720/2023 from the Family Court at Bengaluru to the Family Court at Mangaluru. Thereafter, this Court had allowed the petition filed by the husband and dismissed the petition filed by the wife. When such being the case, the matter has been prolonged and dragged. Hence, the petitioner is before this Court seeking for a direction to VI Additional Principal Judge, Family Court, Bengaluru to expedite the matter. 3. This Court does not find any need to issue notice to the respondent, as no order adverse to the interest of the respondent is passed. Therefore, this Court is inclined - 4 - NC: 2025:KHC:6153 WP No. 3236 of 2025 to direct VI Additional Principal Judge, Family Court, Bengaluru to expedite the matter in accordance to Section 21B of the Act and dispose of the matter expeditiously as contemplated under the Act. 4. Section 21B(2) of the Act reads as under: "21B. xxxxx (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." 5. In view of the above, this petition deserves to be allowed. Accordingly, I pass the following: ORDER i) This petition is allowed; ii) VI Additional Principal Judge, Family Court, Bengaluru, is hereby directed to dispose of the matrimonial proceedings in M.C.No.3720/2023 pending before it, expeditiously; iii) It is needless to mention that VI Additional Principal Judge, Family Court, Bengaluru shall - 5 - NC: 2025:KHC:6153 WP No. 3236 of 2025 provide reasonable opportunity to both the parties and make an endeavour to dispose off the matter as soon as possible, considering the intent of Section 21B of the Act; iv) It is made clear that the Family Court is at liberty to impose cost for unnecessary adjournments; v) It is made clear that this Court has not expressed any opinion on the merits of the matter; vi) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT: BHK