IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.13740 OF 2019 (GM-FC) BETWEEN:
SHRI. KISHORE KUMAR SIDHAPUR NAGARAJ AGED 43 YEARS RESIDING AT: H-1404 NAGARJUNA MEADOWS PHASE 2 DODDABALLAPURA MAIN ROAD YELAHANKA NEW TOWN BANGALORE-560 064. ... PETITIONER (BY SRI KISHORE KUMAR SIDHAPUR NAGARAJ-PARTY IN PERSON) AND:
SMT. PREETI AGED 43 YEARS RESIDING AT: NO.1030, SHREE NIVAS, 1ST MAIN ROAD OPP. RAIL WHEEL FACTORY NEAR LIGHT INDUSTRIAL AREA YELAHANKA NEW TOWN BANGALORE-560 064. … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO MAKE AN ORDER AS DEEMED FIT BY THIS HON’BLE COURT TO PREVENT THE DISORDER AND ABUSE OF PROCESS OF COURT AND CONCLUSION OF THE TRIALS EXPEDITIOUSLY AT HON’BLE 2ND ADDITIONAL FAMILY COURT IN THE PETITION NO.MC/1662/2016 AND G & WD NO.314/2018 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Kishore Kumar Sidhapur Nagaraj, petitioner party-in-person.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia prays for a direction to the Family Court to conclude the proceeding pending before it expeditiously in a time bound manner.
3. When the matter was taken up for consideration today, petitioner party-in-person submitted that he had initiated a proceeding under Section 13 of the Hindu Marriage Act,1955 (hereinafter referred to as ‘the Act’ for short) before the Family Court in the month of April, 2016 and the case is at the stage of cross-examination of the petitioner for the past about two years. It is also submitted that the petitioner had initiated the proceeding under the Guardians and Wards Act,1890 seeking custody of two minor children. However, the aforesaid proceedings are still pending at the preliminary stage.
4. In view of the aforesaid submissions and taking into account the mandate contained in Section 21(B) of the Act, the Family Court is directed to make all endeavour to conclude the proceeding filed by the petitioner under Section 13 of the Act within a period of six months from the date of receipt of certified copy of the order passed today. Needless to state that the Family Court shall also make all endeavour to conclude the proceeding pending before it under the Guardians and Wards Act, 1890 as expeditiously as possible, preferably within a period of eight months from the date of receipt of certified copy of the order passed today.
With the aforesaid direction, the writ petition is disposed of.
Sd/- JUDGE ST