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2026 DAILYLAW 37953 (KAR)

DR NAGARAJAIAH N v. DR SOUNDARYA N

WP/26170/2026 · 2026-08-24

Chillakur Sumalatha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010576192026 NC: 2026:KHC:45515 WP No. 26170 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 26170 OF 2026 (GM-FC) BETWEEN: DR. NAGARAJAIAH N., S/O.LATE.SRI.NARAYANASWAMY, AGED 61 YEARS, RESIDING AT NO.1011, NAGAPURA 2ND STAGE, 9TH CROSS, 9TH MAIN, MAHALAKSHMIPURAM, BENGALURU-86. …PETITIONER (BY SRI. RAJA R., ADVOCATE) AND: DR. SOUNDARYA N., W/O.DR.NAGARAJAIAH.N. AGED ABOUT 51 YEARS, RESIDING AT NO.47/13, 3RD FLOOR, 6TH CROSS, 3RD STAGE, 4TH BLOCK, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010576192026 NC: 2026:KHC:45515 WP No. 26170 of 2026 BASAVESHWARANAGAR, BENGALURU-79. …RESPONDENT (RESPONDENT - NOTICE DISPENSED WITH, V/O. DATED 24.08.2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE I ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO CONSIDER THE SUBMISSION OF THE PETITIONER AND BE PLEASED TO DIRECT THE TRAIL COURT TO DISPOSAL OF THE MC NO.5040/2016 WITH IN ONE MONTH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Sri.Raja R., learned counsel for the petitioner. As the writ petition can be disposed of without effecting any of the rights of respondent, notice to respondent is dispensed with. - 3 - HC-KAR CNR: KAHC010576192026 NC: 2026:KHC:45515 WP No. 26170 of 2026 2. This writ petition is filed seeking the Court to direct the Court of I Additional Principal Judge, Family Court, Bengaluru to dispose of MC No.5040/2016 within one month. 3. Learned counsel for the petitioner submits that petitioner filed MC No.5040/2016 against the respondent seeking a decree of dissolution of marriage. As the Family Court was not conducting the case diligently, petitioner filed Writ Petition No.31017/2025. Said writ petition was disposed of on 07.11.2025 directing the Court of I Additional Principal Judge, Family Court, Bengaluru, to dispose of MC No.5040/2016 by 15.12.2025. The case is still pending. Learned counsel submits that though arguments were advanced and the case was posted for judgment, judgment was not delivered and thus this writ petition is filed. 4. Record discloses justification in the submission thus made. The case was adjourned multiple times for - 4 - HC-KAR CNR: KAHC010576192026 NC: 2026:KHC:45515 WP No. 26170 of 2026 conclusion of the cross-examination of RW1. The case was thus adjourned even after the direction of this Court in Writ Petition No.31017/2025. Again the case was posted for arguments and for reply arguments. Then, finally on 08.06.2026 the case was posted for judgment to 02.07.2026. However, on 02.07.2026 the Presiding Officer was on leave and therefore the case got adjourned to 06.07.2026. Even on 06.07.2026 judgment was not pronounced and the Court took up proceedings in the Interlocutory Application filed for interim maintenance. These facts reveal sad state of affairs. Later, the case was adjourned on number of occasions only to hear on the Interlocutory Application filed for grant of interim maintenance. The proceeding sheet dated 31.07.2026 reveals that basing on the submission made by learned counsel for the petitioner that arguments were already advanced before the regular Court, the in-charge officer adjourned the case. - 5 - HC-KAR CNR: KAHC010576192026 NC: 2026:KHC:45515 WP No. 26170 of 2026 5. Undoubtedly the in-charge Court will be required to attend the regular work as well as the work of the Court whose in-charge was given. However, in the case on hand as the petitioner is before this Court for the second time seeking a direction for expedious disposal of case, this Court considers desirable to pass appropriate orders. Thus, the writ petition is disposed of with the following ORDER i) The Court of I Additional Principal Judge, Family Court, Bengaluru, whether it is presided by a regular officer or in-charge officer is directed to dispose of the case on merits after giving an opportunity to both sides to argue. ii) All endeavour shall be made to dispose of the case within a period of two weeks from the date of receipt of copy of this order. - 6 - HC-KAR CNR: KAHC010576192026 NC: 2026:KHC:45515 WP No. 26170 of 2026 iii) As writ petition is disposed of without service of notice to respondent, the Court of I Additional Principal Judge, Family Court, Bengaluru, is directed to serve copy of this order either upon respondent/wife or her counsel. iv) Registry is directed to forward copy of this order to the concerned Court forthwith. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:TSM List No.: 1 Sl No.: 19