Disposed

Ayesha Saddiqua v. Mr Osman Harun Hussain

Karnataka HC16 Dec 2021WP/4367/2020

Case brief

AI extract

What is this about?

Petitioning wife sought writ direction to dispose matrimonial suit for restraining her marriage within three months. Court noted right to speedy justice under Article 21 but disposed writ suit, directing Family Court to dispose suit preferably within six months.

What did the court decide?

Writ petition disposed of. Family Court directed to dispose suit preferably within six months.

Ayesha Saddiqua Vs Mr Osman Harun Hussain — Matrimonial and Divorce | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 16^TH DAY OF DECEMBER, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO. 4367 OF 2020(GM-FC)

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BETWEEN:

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AYESHA SADDIQUA, D/O SYED SIRAJUDDIN, AGED ABOUT 29 YEARS, R/AT NO.6, 3^RD MAIN, 2^ND CROSS, HOYSALANAGAR, T C PALYA, RAMMURTHYNAGAR, BENGALURU – 560 016. (BY SMT. MAMATHA ROY, ADVOCATE)

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… PETITIONER

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AND:

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MR. OSMAN HARUN HUSSAIN, AGED ABOUT35 YEARS, S/O K M HUSSAIN, R/AT NO.116, 1^ST CROSS, R K GARDEN, NEW B E L ROAD, BENGALURU – 560 094. … RESPONDENT (BY SRI.KEMPARAJU B G, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE HONBLE II ADDL. PRINCIPAL FAMILY JUDGE, BANGALORE TO CONCLUDE AND DISPOSE OFF THE CASE EXPEDITIOUSLY WITHIN 3 MONTHS IN O.S.NO.130/2017 FROM THE DATE OF ORDER AND PROCEED TO PASS ORDERS IN ACCORDANCE WITH LAW.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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The short grievance of the petitioner is against the alleged long pendency of respondent’s suit in

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O.S.No.130/2017 wherein he has sought inter alia for a

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decree for restraining the marriage of petitioner. The respondent after service of notice has entered appearance through his counsel.

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Having heard the learned counsel for the parties

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and having perused the petition papers, this Court is of a considered opinion that the matrimonial case in the court below needs to be expeditiously disposed off so that parties can frame their lives dependent upon the outcome thereof, more particularly when speedy justice is a right falling under the umbrella of Article 21 of the Constitution as held by this Court in a catena of decisions.

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In the above circumstances, writ petition is disposed off; learned Judge of the Family Court is requested to try & dispose off the suit preferably within an outer limit of six months; all contentions are kept open.

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Sd/JUDGE

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Snb/

Ayesha Saddiqua v. Mr Osman Harun Hussain

Case brief

What is this about?

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Ayesha Saddiqua v. Mr Osman Harun Hussain

Case brief

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