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2026 DAILYLAW 46258 (KAR)

PRIYANKA DATTAPRASAD GAIKWAD v. DATTAPRASAD SHANTARAM GAIKWAD

WP/2222/2026 · 2026-01-28

Chillakur Sumalatha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4631 WP No. 2222 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO. 2222 OF 2026 (GM-FC) BETWEEN: PRIYANKA DATTAPRASAD GAIKWAD AGED ABOUT 38 YEARS, W/O. DATTAPRASAD SHANTARAM GAIKWAD, R/A. NO. 704, A-WING UTKARSH BUILDING, GANESH WADJ, G.D. AMBEDKAR MARG, PAREL VILLAGE, KALACHOWKI, GREATER MUMBAI - 400 012. …PETITIONER (BY SRI. CHANVI MADAPPA, ADVOCATE FOR SRI. AIYAPPA K.G, ADVOCATE) AND: DATTAPRASAD SHANTARAM GAIKWAD AGED ABOUT 44 YEARS, S/O. SHANTARAM GAIKWAD R/O. FLAT NO. 7B - 208, RAJA RITZ AVENUE APARTMENT, MUNISWAMI SHETTY LAYOUT ROAD, Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4631 WP No. 2222 of 2026 NEAR HOODI METRO STATION, HOODI, MAHADEVPURA POST, BENGALURU - 560 048. …RESPONDENT (VIDE COURT ORDER DATED 28.01.2026, NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RELEVANT RECORDS DIRECT THE HONBLE V ADDL. PRL. FAMILY JUDGE, AT BENGALURU FOR THE SPEEDY DISPOSAL OF THE IA NO. 06/2024 SEEKING FOR RELIEF OF INTERIM MAINTENANCE FOR THE TOWARDS THE WARDS OF THE PETITIONER AND RESPONDENT PENDING CONSIDERATION IN G AND W.C NO. 171/2024 IN A TIME BOUND MANNER AT ANNX-A. 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:4631 WP No. 2222 of 2026 ORAL ORDER Heard Ms.Chanvi Madappa who represents Sri.Aiyappa K.G learned counsel on record for the petitioner. 2. In the light of the limited relief sought for, this Court is of the view that issuance of notice to the respondent can be dispensed with and accordingly notice to respondent is dispensed with. 3. This writ petition is filed seeking the Court to issue a writ of mandamus or any other appropriate writ and to direct the Court of V Additional Principal Judge, Bangalore to dispose of I.A No.VI/2024 which is filed for grant of interim maintenance expeditiously. 4. Learned counsel for the petitioner submits that the petitioner is the wife of the respondent. They were blessed with two children and both are school going children. Due to the harassment and attitude of the respondent the petitioner and her children took shelter and are residing under the care and custody of the father of the petitioner. Respondent filed a petition seeking custody of the children and in the said petition the petitioner herein moved an interlocutory application i.e., - 4 - HC-KAR NC: 2026:KHC:4631 WP No. 2222 of 2026 I.A.VI seeking interim maintenance. The said application was moved in the year 2024 and till now the Court has not passed any orders. Learned counsel states that the petitioner and the children have to eke out their livelihood and further the petitioner has to attend all the educational and allied expenses of the children. The Court is not evincing interest in disposal of the said interlocutory application and therefore present writ petition is filed. 5. Learned counsel placed much reliance upon the certified copy of the order sheet she produced. As per the contents of the said order sheet, I.A VI was filed in the month of December 2024 and thereafter the matter was adjourned several times. The matter was taken up on 31.01.2025, 12.03.2025, 09.04.2025, 18.06.2025, 28.06.2025, 02.07.2025, 23.07.2025, 11.09.2025, 23.10.2025, 12.11.2025 and 08.01.2026. However, the said interlocutory application is still pending. Pertinent to mention that on 23.10.2025 the petition i.e., I.A. VI was posted for orders to 12.11.2025. However, order sheet dated 12.11.2025 does not disclose disposal of said I.A. Therefore, this Court is of the view that a direction is required to be issued to the trial Court to hear and dispose of - 5 - HC-KAR NC: 2026:KHC:4631 WP No. 2222 of 2026 I.A No.VI time bound. Thus, the writ petition is disposed of with the following:- ORDER i. The writ petition is allowed. ii. The Court of V Additional Principal Judge, Bangalore is directed to hear both parties in case they submit their respective contentions and to dispose of I.A No. VI in G & W.C. No. 171/2024 within a period of 30 days from the date of receipt of copy of this order. iii. Registry is directed to send the copy of this order forthwith to the concerned Court. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 24