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2025 DAILYLAW 51830 (KAR)

SMT AARTI S v. SRI AJAY KUMAR

WP/28117/2025 · 2025-09-22

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38072 WP No. 28117 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 28117 OF 2025 (GM-FC) BETWEEN: SMT. AARTI S., AGED ABOUT 29 YEARS W/O MR.AJAYKUKMER R/AT NO.14, 4TH CROSS JAI BHARATH NAGAR BENGALURU -560 033 &PETITIONER (PARTY IN PERSON) AND: SRI.AJAY KUMAR AGED ABOUT 32 YEARS S/O MRS. KALPANA R/AT NO.12, ASHRAYA, 2ND CROSS, SAKAMMA HANUMANTHPPA LAYOUT WARD 32, SHAMPURA KAVAL BAIRASANDRA BENGALURU -560 032 &RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE HONBLE V ADDL PRINCIPAL JUDGE, FAMILY COURT BENGALURU TO SPEEDY DISPOSE OF MC NO. 6487/2023 EXPEDITIOUSLY PREFERABLY WITHIN A PERIOD OF 3 TO 6 MONTHS IN ACCORDANCE WITH SECTION 21B OF THE HINDU MARRIAGE ACT 1955. 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:38072 WP No. 28117 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: i. Issue a writ, order or direction to the Hon9ble V Additional Principal Judge, Family Court, Bengaluru to speedy dispose of MC.No.6487/2023 expeditiously, preferably within a period of 3 to 6 months, in accordance with Section 21B of the Hindu Marriage Act, 1955. ii. Issue directions to the Hon9ble V Additional Principal Jude, Family Court, Bengaluru to conclude the cross-examination of the PW-1 as early as possible, as contemplated under Section 21B(1) of the Hindu marriage Act, 1955. iii. Pass such other orders as this Hon'ble Court deems fit in the interest of justice and equity. 2. The MC.No.6487/2023 is pending before the V Addl. Principal Judge, Family Court, Bengaluru. 3. The petitioner/party-in-person submits that because of the pendency she is facing lot of difficulties and she has relied on some judgments, some orders passed by this Court, wherein speedy disposal of the cases was ordered by the Court. It is submitted that in the light of those orders, there may be a direction to the Family Court to dispose of the MC of the year 2023. - 3 - HC-KAR NC: 2025:KHC:38072 WP No. 28117 of 2025 4. This Court heard the petitioner/party-in-person and had perused those orders. In the light of the judgment of the Hon'ble Apex Court, the High Court cannot pass directions for expeditious disposal out of turn, unless and until it warrants in the facts and circumstances of the case. Just because the party has come to the High Court, High Court cannot direct the Family Court to dispose of the case pertaining to the year 2023. It is for the Family Court to set their goal and dispose of the matters in priority from the old matters. This Court had already passed several directions both judicial as well as on the administrative side directing the Family Courts to give priority to the old matters and also a timeline is set to dispose of the matters till 2019 by December,2025. 5. In those circumstances, this court do not find any exceptional reason to direct the Family Court to dispose of this matter out of the way and this court is passing the following: - 4 - HC-KAR NC: 2025:KHC:38072 WP No. 28117 of 2025 ORDER i. The writ petition is dismissed. ii. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 22