IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15215 OF 2015 (GM-FC) BETWEEN:
Sri.R.Jayaprakash, S/o Sri.Ramachandran, Aged about 50 years, R/o No.57, “Skanda Nivas”, 6th Cross, Ashrama Layout, RMV 2nd Stage, Gedalahally, Bengaluru – 560 094.
(By Smt.Kshama Nargund, Advocate for Smt.Sona Vakkund, Advocate) AND:
Smt.J.P.Hemalatha, W/o Jayaprakash, Aged about 41 years, R/o No.57, “Skanda Nivas”, 6th Cross, Ashrama Layout, RMV 2nd Stage, Gedalahally, Bengaluru – 560 094.
… Petitioner … Respondent (By Sri.Joseph Anil Kumar A, Advocate) This Writ Petition is filed under Article 227 of the Constitution of India, praying to call for relevant records; set aside the order passed by the VI Additional Principal Judge, Family Court, Bengaluru vide Annexure-L in M.C.No.1863/2013 dated 24.02.2015 on I.A. filed under Section 26 of Hindu Marriage Act on 24.02.2015 and etc.
This Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER Smt.Kshama Nargund, learned counsel for Smt.Sona Vakkund, learned counsel for the petitioner.
Sri.Joseph Anil Kumar A, learned counsel for the respondent.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Article 227 of the Constitution of India, the petitioner is seeking to set aside the order passed by the VI Additional Principal Judge, Family Court, Bengaluru vide Annexure-L in M.C.No.1863/2013 dated 24.02.2015 on I.A. filed under Section 26 of the Hindu Marriage Act, 1955.
3. When the matter was taken up today, learned counsel for the parties jointly submitted that the proceedings before the Family Court are pending since 2013 and is at the stage of cross- examination of the petitioner and the writ petition may be disposed of with a direction to the Family Court to conclude the proceedings expeditiously preferably within a period of four months.
4. In view of the aforesaid submissions and taking into account the fact that the proceedings before the Family Court are pending since 2013, I am not inclined to adjudicate the validity of order dated 24.02.2015. Accordingly, the writ petition is disposed of with a direction to the Family Court to conclude the proceedings expeditiously within a period of four months from the date of receipt of the certified copy of the order passed today.
Needless to state that the parties shall co- operate for the early conclusion of the proceedings and shall not seek any unnecessary adjournment.
Sd/- JUDGE dn/-