IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51548/2019(GM-FC) SRI. SATISH KUMAR N., S/O SRI NARASHIMAIAH J, AGED ABOUT 45 YEARS, R/AT NO.498, 1ST FLOOR, 7TH CROSS, PRAGATHIPURA, KANAKAPURA MAIN ROAD, BENGALURU-560060.
...PETITIONER (BY SRI NATARAJA H. T., ADVOCATE) AND:
SMT. ASHWINI S KUMAR D/O SRI BALAKRISHNA, AGED ABOUT 42 YEARS, ‘AVANI’, NO.85, 4TH A CROSS, 36TH MAIN, BTM 1ST STAGE, DOLLAR SCHEME LAYOUT, BANGALORE-560068.
AND ALSO AT PROGRAM MANAGER, EDGEVERVE SYSTEMS LIMITED, PLOT NO.47, SY NO.10, ELECTRONICS CITY, HOSUR ROAD, BENGALURU-560100 …RESPONDENT …… THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE FAMILY COURT I.E., VITH ADDITIONAL FAMILY JUDGE AT BANGALORE TO EXPEDITE ALL PENDING FIVE CASES BEFORE THE SAID COURT I.E., O.S. No.151/2014, O.S. No.284/2014, G AND EC 134/2018, G AND WC No.147/2018 AND M.C. No.378/2019 ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner-husband filed the present writ petition for a writ of mandamus to direct the Family Court i.e., VI Addl. Family Judge, Bengaluru, to expedite all pending five cases before the said Court i.e., O.S.No.151/2014, O.S.No.284/2014, G & WC No.134/2018, G & WC No.147/2018 and M.C.No. 378/2019.
2. It is the case of the petitioner that the respondent is his legally wedded wife and out of their wedlock, two daughters and a son was born. There was misunderstanding between the petitioner and his wife. Thereafter, the petitioner was driven out of the matrimonial house by the respondent and he is residing separately. When things stood thus, the respondent, to achieve her object, filed various cases against the petitioner and obtained interim orders. As on today, respondent has filed 12 cases including criminal cases and she is not allowing the Family Court to conclude the proceedings. It is further contended that the respondent filed O.S.No.151/2014 for permanent injunction, O.S.No.284/2014 for permanent alimony and G & WC No.134/2018 for custody of the children, though the children are residing with her. The petitioner filed G & WC No.147/2018 seeking custody of the children and M.C.No.378/2019 for divorce. Therefore, the petitioner is before this Court, for the relief sought for.
3. The order sheet produced by the petitioner depicts that the learned Judge of the Family Court is not sitting on the files. He is discharging his duties as contemplated. If both the parties co-operate with the Court, there is no impediment for the Court to proceed with the case, expeditiously. Instead of co-operating with the Court, the petitioner has filed the present writ petition for the relief sought for.
4. This Court, in exercise of powers under Articles 226 and 227 of the Constitution of India cannot issue a writ in the nature of mandamus directing the Family Court to decide the matters pending before it, as sought by the petitioner in the present writ petition.
5. With the above observations, writ petition is dismissed as not maintainable.
Sd/- JUDGE kcm