IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35124 OF 2019 (GM-FC) Between:
Sri. Harish C.M., S/o Muniyappa Aged about 32 years R/o Cholapur (Totada Mane) Kembalalu Post Hebbur Hobli Tumakur Taluk Tumakur District Karnataka … Petitioner (By Smt. Rattihalli Geetha Veeranna, Advocate) And:
Smt. Sowmya W/o Harish C.M. D/o Lenkeshappa Hosahudaya Doddatumakur Post Doddaballapura Taluk Bengaluru Rural District – 560 001 or Smt. Sowmya L, D/o Lenkeshappa Aged about 29 years Employee in Tata Consultancy Service Unit VI, No.78, 79 and 83 L-Centre, EPI Industrial Estate Near Vydhehi Hospital White Field Bengaluru – 560 066 … Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the 1st Additional Principal Judge, Family Court, Tumakur to consider the steps taken against the respondent is sufficient and proceed further and for the speedy disposal of the case within time bound period and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Smt. Rattihalli Geetha Veeranna, learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
Heard learned counsel for the petitioner and perused the records.
2. In this petition, the petitioner seeks for a direction to the 1st Additional Principal Judge, Family Court, Tumakur to consider that the steps taken against the respondent is sufficient and proceed further and direct for the speedy disposal of the case within a time bound period.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is very much attached to the baby. Therefore, the family Court be directed to decide the dispute within a period of two months.
4. However, taking into account the fact that the proceedings were initiated in the year 2018, attention of the family Court is drawn to the provisions contained in the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005, which provides an obligation to dispose of the matrimonial dispute within a period of one year from the date of institution.
5. In view of the aforesaid Rules and taking into account the fact that the matrimonial proceedings are pending since 2018, the writ petition is disposed of with a direction to the Family Court to conclude the proceedings initiated by the petitioner expeditiously preferably within a period of four months from today.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE Mds/-