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2026 DAILYLAW 46364 (KAR)

SMT. AARTI S v. SRI AJAY KUMAR

WP/2454/2026 · 2026-01-29

Chillakur Sumalatha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4851 WP No. 2454 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.2454 OF 2026 (GM-FC) BETWEEN: SMT. AARTI S. AGED ABOUT 29 YEARS W/O. MR. AJAY KUMAR RESIDING AT NO.14, 4TH CROSS JAI BHARATH NAGAR BENGALURU-560 033 …PETITIONER (BY SRI ANANDA V. S., ADVOCATE) AND: SRI AJAY KUMAR AGED ABOUT 32 YEARS S/O. MRS. KALPANA RESIDING AT NO.12, ASHRAYA 2ND CROSS, SAKAMMA HANUMANTHAPPA LAYOUT Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4851 WP No. 2454 of 2026 WARD-32, SHAMPURA KAVAL BAIRASANDRA BENGALURU-560 032 …RESPONDENT (NOTICE TO RESPONDENT IS D/W, V/O DATED 29/1/26) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON'BLE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, TO DISPOSE OF M.C. NO.6487/2023 EXPEDITIOUSLY IN A TIME-BOUND MANNER, WITHIN A PERIOD OF 3 MONTHS, AS THE PRESENT CASE INVOLVES EXCEPTIONAL CIRCUMSTANCES ARISING FROM THE PETITIONER'S SERIOUS HEALTH ISSUES, EVIDENCED BY MEDICAL RECORDS (ANNEXURE - 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:4851 WP No. 2454 of 2026 ORAL ORDER Heard Sri.Ananda learned counsel for the petitioner. In the light of the nature of relief sought for, this Court is of the view that the writ petition can be disposed of without issuance of notice to the respondent. Hence, notice to respondent is dispensed with. 2. This writ petition is filed seeking the Court to direct the Court of V Additional Principal Judge, Family Court, Bengaluru to dispose of MC No.6487/2023 expeditiously and in a time bound manner. 3. Learned counsel for the petitioner submits that petitioner is the wife of respondent. Petitioner filed a petition seeking a decree of dissolution of marriage. The said petition was filed in the year 2023 and till now the case is not disposed of and therefore, a direction is required to be given to the trial Court to dispose of the matter within three months. Learned counsel states that in - 4 - HC-KAR NC: 2026:KHC:4851 WP No. 2454 of 2026 the light of the health condition of petitioner, such direction is required. 4. Record discloses that petitioner herein filed an interlocutory application i.e., I.A.No.II seeking permission to file petition before completion of one year from the date of marriage. Permission as prayed for was accorded by order dated 18.11.2023. Thereafter, the Court continued with the proceedings in the matter. The matter was referred for Mediation, but the matter was not settled. The certified copy of the order sheet reveals that the Court is diligent in conducting the proceedings. When the parties were not present or where there was no representation, the Court called the matter more than twice on certain dates. For instance, on 12.11.2024, the matter was called at 11.47 a.m., again at 12.19 p.m. and thereafter at 01.32 p.m. Likewise, on 04.01.2025, when the parties were absent, the matter was kept by and it was again called at 11.49 a.m. When respondent herein did not choose to cross-examine PW1, the Court recorded the - 5 - HC-KAR NC: 2026:KHC:4851 WP No. 2454 of 2026 cross-examination of PW1 as nil and moved further. Same is evidenced through the order dated 03.01.2026. Therefore, this Court does not find any grounds whatsoever to point out against the manner in which the Court is conducting the proceedings. That apart, the medical reports submitted reveals issues relating to anxiety, depression, sadness and sleeplessness. No acute ailment as projected by the petitioner is found. Thus, viewed from any angle, the writ petition lacks merits. Resultantly, the writ petition stands dismissed. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:VC List No.: 1 Sl No.: 23