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2026 DAILYLAW 19419 (KAR)

MR. DR. STANY. R. MIRANDA v. MRS. MARGRET RODRIGUES

WP/11272/2026 · 2026-06-01

Chillakur Sumalatha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25411 WP No. 11272 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 11272 OF 2026 (GM-FC) BETWEEN: MR. DR. STANY R. MIRANDA S/O. LATE MIRANDA R.S., AGED ABOUT 42 YEARS, RESIDING AT NO. 201, MACHOHALLI COLONY, BAPAGRAM POST, BENGALURU NORTH, BENGALURU - 560 091. …PETITIONER (BY SRI. GOWTHAM GOPAL, ADVOCATE FOR SRI. SRIDHARA N, ADVOCATE) AND: MRS. MARGRET RODRIGUES W/O. DR. STANY R. MIRANDA, D/O. MR. ISADOR RODRIGUES, AGED ABOUT 36 YEARS, RESIDING AT JOG ROAD, NEAR L B COLLEGE, AMBAPURA, SAGAR APMC YARD - SAGAR, SHIMOGA KARNATAKA - 577 401. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25411 WP No. 11272 of 2026 PRESENTLY WORKING AT ESIC HOSPITAL PEENYA BRANCH, INDUSTRIAL SUBURB PEENYA, BENGALURU - 560 022. …RESPONDENT (SERVICE OF NOTICE TO RESPONDENT IS DISPENSED VIDE ORDER DATED 01.06.2026) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SENIOR CIVIL JUDGE, NELAMANGALA, IN M.C.NO. 117/2024 TO ALLOW THE I.A. NO.3 (ANNX-A) FILED BY THE PETITIONER UNDER SECTION 13 OF THE FAMILY COURTS ACT, 1984 WITHIN A PERIOD OF ONE MONTH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:25411 WP No. 11272 of 2026 ORAL ORDER Heard Sri. Gowtham Gopal who represents Sri.Sridhara.N learned counsel on record for the petitioner. 2. In the light of the limited relief sought for, notice to respondent is dispensed with. 3. This petition is filed seeking the Court to issue a Writ of Mandamus or any other appropriate Writ and to direct the Court of Senior Civil Judge, Nelamangala to allow I.A No.3 in M.C No.117/2024 which was filed by the petitioner. 3. Learned counsel for the petitioner submits that petitioner herein filed a petition against the respondent who is his wife seeking a decree of divorce. He engaged a counsel to represent him. However, due to the misunderstandings that crept between the petitioner and his counsel, petitioner thought of engaging another counsel to represent him. Therefore, petitioner filed I.A No.3 seeking the Court to permit him to engage the services of another counsel. Though said application was - 4 - HC-KAR NC: 2026:KHC:25411 WP No. 11272 of 2026 filed a year back, the Court kept the said petition pending till now without there being any progress and thereby the proceedings in the main case are also stalled. Learned counsel submits that having no other go, petitioner filed this writ petition seeking a direction to the concerned Court. 4. A perusal of record reveals that petitioner filed I.A.No.3 under Section 13 of the Family Courts Act on 04.03.2025. Certified copy of the proceeding sheet reveals that the said interlocutory application is pending. 5. This Court does not find any justifiable reason for the Court of Senior Civil Judge, Nelamangala to keep the said interlocutory application pending for more than a year. Therefore, this Court is of the view that a direction is required to be issued for quick disposal of the said interlocutory application. 6. Therefore, the writ petition is disposed of with the following:- - 5 - HC-KAR NC: 2026:KHC:25411 WP No. 11272 of 2026 ORDER i. The Court of Senior Civil Judge, Nelamangala is directed to dispose of I.A. No.3 in M.C.No.117/2024 pending on its file within a period of 4 weeks from the date of receipt of certified copy of this order. ii. As the writ petition is disposed of without service of notice to the respondent, the Court of Senior Civil Judge, Nelamangala is directed to forward copy of this order to the respondent or her counsel so as to give notice to the respondent about filing of this writ petition and its disposal. iii. Registry to forward copy of this order to eh concerned Court forthwith. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 19