Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36266 WP No. 26055 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.26055 OF 2025 (GM-FC) BETWEEN:
SRI. SANDEEP M, S/O SRI. G. MOHAN, AGED ABOUT 31 YEARS, PRESENTLY NOT WORKING , NO.64, 7TH CROSS, 7TH MAIN, SRIRAMAPURA BENGALURU – 560 021 PRESENTLY RESIDING AT VARSHINI PAYING GUEST NO.1, 15TH CROSS, TEACHERS COLONY BENGALURU – 560 079 …PETITIONER (BY SRI. SHIVSHANKER, ADVOCATE)
AND:
SMT. AISHWARYA R., W/O SANDEEP, D/O RAGHUPRAKASH, AGED ABOUT 26 YEARS, R/AT NO.23, VASTHAVYA, 2ND FLOOR, 1ST MAIN ROAD, NGEF LAYOUT, NAGARABHAVI II STAGE, BENGALURU – 560 072 …RESPONDENT
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF MANDAMUS TO 1ST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO DISPOSE OF PROCEEDINGS IN M.C.NO.7089/2022 FILED UNDER SECTION 13 1(A) OF THE HINDU MARRIAGE ACT, 1955, PENDING ON THE FILE OF 1ST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU WITHIN THE STIPULATED OF TIME MARKED AS ANNEXURE-A; b) ISSUE ANY
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36266 WP No. 26055 of 2025
OTHER WRIT OR DIRECTIONS AS DEEMED UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE 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 SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following reliefs: i. Issue a writ of mandamus to 1st Additional Principal Judge, Family Court at Bengaluru to dispose of proceedings in M.C.No.7089/2022 filed under Section 13 1(A) of the Hindu Marriage Act, 1955 pending on the file 1st Additional Principal Judge, Family Court at Bengaluru within the stipulated of time, marked as Annexure-A. ii. Issue any other writ or directions as deemed under the facts and circumstances of the case on the interest of justice and equity.
2. Learned counsel for the petitioner had relied on the
order passed by the coordinate Bench of this Court in the case of N.Rajeev Vs. C.Deepa arising out of WP.No.14769/2023 dated 26.07.2023 whereby the Court has passed an order that when a matrimonial case involves the prayer for the dissolution/nullity of marriage, Courts should make all efforts to try and dispose of the same within an outer limit of one year,
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HC-KAR NC: 2025:KHC:36266 WP No. 26055 of 2025
so that in the event of granting such a decree, the parties may restructure their lives. It hardly needs to be stated 'life is lost in living'. Delay in disposal of such cases very badly affects the parties thereto, needs no deliberation. In the above circumstances, the Family Court Judge is requested to accomplish the trial and dispose of the subject seven year old case preferably within an outer limit of three months.
3. According to the learned counsel for the petitioner/ husband, the MC is filed by the petitioner is 2022 i.e., almost 2 years. It has not even completed three years. The above referred judgment will not come to his rescue on the first instance. Secondly, the Family Courts are burdened with work where the matters pertaining to 2015-2016 are also pending. The Hon'ble Apex Court in catena of judgments has held that the High Court in every petition that comes up cannot issue directions to the Family Courts to dispose of the matters as it is for the Family Courts to deal with the matters based on the pendency of the cases before them unless it is an exceptional case. This case is not an exceptional and this Court finds no reason to pass any order.
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HC-KAR NC: 2025:KHC:36266 WP No. 26055 of 2025
4. Accordingly, writ petition is dismissed.
5. All I.As pending in the writ petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
RJ List No.: 1 Sl No.: 11