IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.5962 OF 2018 (GM - FC) BETWEEN:
ROOPA SONDUR, W/O SRI.MADHU, AGED ABOUT 35 YEARS, RESIDING AT: FLAT NO.NC167, NETHRAVATI BLOCK, VIJAYA ENCLAVE APARTMENT, VIJAYA BANK LAYOUT, BILEKAHALLI, BANNERGHATTA ROAD, BENGALURU – 560 076. …PETITIONER (BY SRI. CHANDRASHEKAR P, ADVOCATE FOR SMT. VIJETHA R NAIK, ADVOCATE) AND:
MR.MADHU H.R., S/O LATE RAJANNA, AGED ABOUT 37 YEARS, FLAT NO.0-2-18, PARAMOUNT RAGHAVENDRA ARISHT, NEXT TO STAR BAZAR, MARATHAHALLI, BENGALURU – 560 037. ...RESPONDENT (BY SRI. SURAJ PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 02.01.2018 PASSED BY THE LEARNED 3RD ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ON I.A.NO.5 IN M.C.NO.2897/2016 PRODUCED AS ANNEXURE – F TO THE WRIT PETITION AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Chandrashekar P, learned counsel for Smt.
Vijetha R.Naik, learned counsel for the petitioner.
Sri Suraj Patil, learned counsel for respondent.
The petition is admitted for hearing. With consent of the learned Counsel for the parties, the same is heard finally.
2. In this writ petition, petitioner, inter alia, has prayed for a writ of certiorari for quashment of the order dated 02.01.2018 passed by the III Additional Principal Judge, Family Court, Bengaluru, by which, an application filed by the petitioner under Section 24 of the Hindu Marriage Act, 1956, is rejected.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to the Family Court to consider and decide the case pending before it expeditiously in a time bound manner.
4. In view of the aforesaid submission and taking into account the provisions contained in the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005 as well as the fact that the matrimonial proceedings are pending since 2016, the petition is disposed of with a direction to the Family Court, Bengaluru to consider and decide the case expeditiously within a period of four months from the date of receipt of certified copy of the order passed today.
Accordingly, the Petition is disposed of.
Sd/- JUDGE cp*