Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25607 WP No. 15736 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15736 OF 2025 (GM-FC) BETWEEN:
SRI G.SREEKUMARAN S/O LATE N.GANGADHARAN, AGED ABOUT 77 YEARS 3-61B, NEAR KRISHNANKOVIL THIPPRAMALAI KARUNGAL - 629 157 KANYAKUMARI DISTRICT, TAMIL NADU
PRESENTLY R/AT NO.136/14 GRAPE GARDEN 1ST FLOOR , 2ND CROSS, EJIPURA MAIN ROAD, VIVEKNAGAR – 560 047 BENGALURU …PETITIONER (BY SRI. JANARDHAN RAO R.G., ADVOCATE)
AND:
SMT V.KUMARI SHYLAJA D/O VIJAYAMMA THANCKACHY, AGED ABOUT 67 YEARS R/O. NO.136/14, (JANKI) GRAPE GARDEN, 2ND CROSS, EJIPURA MAIN ROAD, VIVEKANAGAR BENGALURU - 560 047 …RESPONDENT (V/O/D 11.07.2025, NO NOTICE TO RESPONDENT)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION FOR EXPEDITES HEARING OF DIVORCE PETITION CASE NO. M.C.NO.3434 OF 2024 FILED BY ME UNDER SECTION 13(1) (ia) AND (ib) OF THE HINDU
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:25607 WP No. 15736 of 2025
MARRIAGE ACT PENDING BEFORE THE COURT OF LEARNED PRINCIPAL JUDGE, FAMILY COURT, BENGALURU WITHIN A STIPULATED TIME FIXED BY THIS HONBLE COURT.
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 mandamus for the early disposal of M.C.No.3434/2024 pending on the file of VI Addl. Principal Judge, Family Court, Bengaluru.
2. It is the case of the husband that he had filed HMOP.No.48/2007 seeking divorce in the Courts at Tamil Nadu and the wife had filed M.C.No.1546/2007 before the VI Additional Principal Judge, Family Court, Bengaluru seeking restitution of conjugal rights. The petition that is filed by the husband seeking divorce came to be allowed on 17.02.2010. Then, the wife had preferred appeal i.e., CMA.No.16/2010 came to be dismissed on 31.08.2010. Then the wife had filed second appeal CMSA.No.45/2010 and that came to be dismissed on 24.10.2010. The CMSA.No.45/2010 was allowed by judgment and decree dated 31.08.2010. Then, the husband had filed SLP.No.28055/2021 before the Hon’ble Supreme
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HC-KAR NC: 2025:KHC:25607 WP No. 15736 of 2025
Court, the Hon’ble Apex Court has observed that the Courts at Tamilnadu have no jurisdiction and he has to approach the Courts at Bangalore. The relief that is sought by the wife for restitution of conjugal rights came to be dismissed on
29.10.2018. Thereafter, he had filed the present M.C.No.3434/2024 seeking divorce before the VI Additional Principal Judge, Family Court, Bengaluru.
3. Generally this Court is not issuing any directions to the Family Court to dispose of the matters which are prior to the year 2020, as there is a specific direction by this Court to give priority to the matters till the year 2019. In this case, the litigation has started way back in the year 2007 and the age of the petitioner is 79 years. Considering all these aspects, this Court deems it appropriate to pass the following:
ORDER i. The VI Addl. Principal Judge, Family Court, Bengaluru is directed to dispose of M.C. No.3434/2024 within a period of 8 months from
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HC-KAR NC: 2025:KHC:25607 WP No. 15736 of 2025
the date of receipt of copy of the order. Unnecessary adjournments shall not be granted. ii. This Court is not proposing to issue notice to the respondent as disposal of a case is in the interest of both the parties.
iii. Accordingly, the writ petition is disposed of. iv. All I.As. in the writ petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
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