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2026 DAILYLAW 23234 (KAR)

SMT B ASHA @ VARSHA v. SRI P HARISH

WP/18438/2026 · 2026-06-19

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:30465 WP No. 18438 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18438 OF 2026 (GM-RES) BETWEEN: SMT. B. ASHA @ VARSHA W/O P. HARISH AGED ABOUT 30 YEARS R/AT OPP. MUTHYALAMMA DEVI TEMPLE, LAKKUR VILLAGE, LAKKUR POST, MALUR TALUK, KOLAR - 563 163. …PETITIONER (BY SRI. RUPESH R, ADVOCATE) AND: 1. SRI. P. HARISH S/O PAPANNA AGED ABOUT 35 YEARS 2. SRI. A. PAPANNA S/O LATE ABBAIAHIAPPA AGED ABOUT 65 YEARS 3. SMT. CHINNAMMA W/O PAPANNA AGED ABOUT 55 YEARS 4. SRI. P. ANIL S/O PAPANNA AGED ABOUT 33 YEARS Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30465 WP No. 18438 of 2026 5. SMT. ASHA RANI S/O PAPANNA AGED ABOUT 31 YEARS ALL RESPONDENTS ARE R/AT 6TH CROSS, 8TH MAIN, VENKATAPURA, NEAR HSR LAYOUT KORAMANGALA, BENGALURU - 560 034. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC. 528 OF BNSS PRAYING TO DIRECTING LEARNED SR.CIVIL JUDGE, MALUR TO PASS ORDERS ON IA.NO.1, IA.NO.2, IA.NO.3 (ANNX-B, C AND D) WITHIN TWO WEEKS IN ACCORDANCE WITH LAW AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri Rupesh R., learned counsel appearing for the petitioner and have perused the material on record. 2. The petitioner is before this Court, seeking the following prayer: "a) To issue a writ in the nature of mandamus or any other appropriate writ or order, directing the Learned Senior Civil Judge, Malur to pass orders on IA No.1, IA No.2, IA No.3 (Annexure-B, C & D) within two weeks in accordance with law. - 3 - HC-KAR NC: 2026:KHC:30465 WP No. 18438 of 2026 b) To issue a writ in the nature of mandamus or any other appropriate writ or order, directing the Learned Senior Civil Judge, Malur to dispose the DVA No.1/2021 (Annexure-A) expeditiously at any time within four months in accordance with law. c) Issue such other appropriate order or direction as this Hon'ble Court deems fit, in the interest of justice and equity." 3. The petitioner, who is the wife of the first respondent, initiates proceedings invoking the provisions of the Protection of Women from Domestic Violence Act, 2005. It is the case of the petitioner that the applications so filed along with the petition have not yet been considered despite passage of five years, as the proceedings are initiated in the year 2021. If this is the submission of the petitioner on the strength of the order sheet that is appended to the petition, it is appalling that the concerned court is yet to decide on the applications, which ought to have been decided even under the mandate of the statute within a particular time frame i.e., eight weeks. Five years, it is kept pending. Therefore, the concerned court shall decide the application so filed by the wife along with the petition within an outer limit of four weeks from the date of receipt of the copy of the order. - 4 - HC-KAR NC: 2026:KHC:30465 WP No. 18438 of 2026 4. Again, if the petitioner approaches this court on the same plea that the applications are not decided, the court would view the conduct of the concerned court very seriously. With the aforesaid observations, the petition stands disposed of. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE HDK List No.: 3 Sl No.: 27