IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.3093/2019 & 6489/2019 (GM-FC) BETWEEN:
SMT. B H SUSHEELA, W/O M M YOGENDRANATH, AGED ABOUT 46 YEARS, R/AT APARTMENT NO.G-3, KABINI APARTMENTS, NO.39/16, 14TH CROSS, 19TH B MAIN ROAD, 1ST K BLOCK, RAJAJINAGAR, BANGALORE-560010.
... PETITIONER (BY SRI KRISHNA PRATAP SINGH, ADV. FOR SRI S V GIRIDHAR, ADV.) AND:
SRI M M YOGENDRANATH, S/O LATE SRI K MADAIAH, AGED ABOUT 56 YEARS, WORKING AS THE DY.SUPERINTENDENT OF POLICE, R/AT NO.39/12/1 G-3, KABINI APARTMENTS, 19TH B MAIN ROAD, 1ST K BLOCK, RAJAJINAGAR, BANGALORE-10.
... RESPONDENT THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE PROCEEDINGS ON THE FILE OF THE 5TH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE IN M.C.NO.3556/2010 AND M.C.NO.3289/2015 BE ADJUDICATED ON AN EXPEDITED BASIS AND PREFERABLY WITHIN A TIME FRAME TO BE FIXED BY THIS COURT.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr.Krishna Pratap Singh, learned counsel for Mr.S.V.Giridhar, learned Counsel for the petitioner.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner inter alia, seeks for the following reliefs:
“(a) Issue a writ of mandamus, similar Writ, Order or Direction and directing the proceedings on the file of the 5th Additional Principal Judge, Family Court, Bangalore in M.C.No.3556/2010 and M.C.No.3289/2015 be adjudicated on an expedited basis and preferably within a time frame to be fixed by this Hon’ble Court;
(b) Pass an Order as to the costs of this Writ Petition; and (c) Pass such other Order/s as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.”
3. When the matter was taken up today, learned counsel for the petitioner submitted that marriage between the petitioner and respondent was solemnized on 05.12.1997. The petitioner has filed a petition under Section 9 of the Hindu Marriage Act, 1955 in the year 2015. The aforesaid proceedings is pending before the Family Court for about more than 3 years without any progress. The petitioner therefore seeks a direction to the V Additional Principal Judge, Family Court, Bangalore to dispose of the proceedings in a time bound manner and taking into account that M.C.No.3289/2015 filed under Section 9 of the Hindu Marriage Act is pending for past more than 3 years and M.C.No.3556/2010 is pending for past more than 9 years.
4. In the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition with a direction to the V Additional Principal Judge, Family Court, Bangalore to make an endeavor to complete the proceedings preferably within a period of six months from the date of receipt of a certified copy of the order passed today. Accordingly, the writ petition is disposed of.
Sd/- JUDGE mpk/-* ct:bms