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2026 DAILYLAW 4009 (KAR)

SMT. LEENA ABRAHAM, v. BYJU JOSEPH,

WA/595/2026 · 2026-04-23

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22168-DB WA No. 595 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 595 OF 2026 (GM-FC) BETWEEN: SMT. LEENA ABRAHAM, W/O BYJU JOSEPH, AGED ABOUT 43 YEARS, OCC. HOUSE WIFE, A-901, BRIGADE GARDENIA APARTMENT, J P NAGAR 7TH PHASE, BANGALORE - 560078 …APPELLANT (BY SMT. LEENA ABRAHAM, PARTY-IN-PERSON) AND: 1. BYJU JOSEPH, AGED ABOUT 46 YEARS, S/O T J VARGHESE RESIDING AT (1) NO.4/1, 5TH CROSS, THARAMANNIL HOUSE, MUDDANNA GARDEN, VALAGARAHALLI ROAD, HARSHA LAYOUT, KENGERI BANGALORE - 560060 AND ALSO RESIDING AT: 2) BYJU JOSEPH, PROJECT MANAGER M/S INTELLIGENT SOFTWARE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22168-DB WA No. 595 of 2026 SOLUTIONS PVT LTD., 2A/3RD FLOOR, SOBHA ALEXANDER PLAZA, 16/2, COMMISSIONARAT ROAD, BENGALURU - 560025 ALSO RESIDING AT 3) NO. 6-7-14, MINAMI YOSHINARI, AOBA-KU, SENDAI, MIYAGI 989-3204 JAPAN PASSPORT NUMBER. S5618316 PAN NUMBER. AESPJ6488B …RESPONDENT THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 17.01.2025 AND ORDER DATED 12.01.2026 IN WP NO.30371/2024(GM-FC) PASSED BY LEARNED SINGLE JUDGE IN WRIT PETITION NO.30371/2024 AND ALLOW THE WRIT APPEAL FILED BY THE APPELLANT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant who appears in person has filed the present appeal impugning an order dated 17.01.2025 passed by the learned Single Judge in W.P. No.30371/2024 (GM-FC). - 3 - HC-KAR NC: 2026:KHC:22168-DB WA No. 595 of 2026 2. The petitioner had filed the said petition (W.P. No.30371/2024) inter alia praying that direction be issued to III Additional Principal Judge, Family Court, Bengaluru to dispose of M.C. No.3129/2023 in a time bound manner. The petitioner sought that her marriage with the respondent was a nullity. 3. The learned Single Judge had noted that after the writ petition was filed, the Court in another proceeding had passed an order inter alia directing the Family Court, Bengaluru to consider all pending applications and dispose of the same at the earliest. In the aforesaid view, the learned Single Judge has held that there is no requirement for issuing any further directions. Notwithstanding the same, the learned Single Judge had also directed the Family Court to take into consideration the application/s and dispose of the same as expeditiously as possible without granting any unnecessary adjournments after providing reasonable opportunity to the respondent. 4. The appellant who appears in person submits that there is no direction to fix any time for disposal of the application/s. - 4 - HC-KAR NC: 2026:KHC:22168-DB WA No. 595 of 2026 5. Prima facie, the present appeal is not maintainable as the impugned order was passed in a petition filed under Article 227 of the Constitution of India. 6. Notwithstanding the same, we do not consider it apposite to pass any orders to control the board of the learned Family Court. The Family Courts are now overburdened with large number of matters. Therefore, we find no grounds to pass orders which would be read as giving a precedence to the appellant's application/s. However, it is open for the appellant to make an appropriate request before the Family Court. 7. The appeal is dismissed with the aforesaid observation. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS - List No.: 2 Sl No.: 21