Allowed

Sri. Ashoka. T v. Smt. Varalakshmi. M. N.

Karnataka HC23 Nov 2023WP/17356/2023

Case brief

AI extract

What is this about?

This petition, filed under Article 227 of the Constitution of India, seeks a direction for the IV Additional Family Court, Bengaluru, to dispose off M.C. No. 6597/2018 within three months. The court directed speedy disposal within six months.

What did the court decide?

The concerned Court shall expedite proceedings and conclude M.C.No.6597/2018 within six months from the date of receipt of the order.

Sri. Ashoka. T Vs Smt. Varalakshmi. M. N. — Service and Employment | Karnataka HC (2023)

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NC: 2023:KHC:42309 WP No. 17356 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17356 OF 2023 (GM-FC)

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BETWEEN:

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SRI. ASHOKA. T., S/O. LATE THAMMEGOWDA, AGED ABOUT 41 YEARS, RESIDING AT GARAKAHALLI, VIRUPAKSHIPURA HOBLI, RAMANAGARA DISTRICT.

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…PETITIONER

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(BY SRI. RAJESH A., ADVOCATE)

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AND:

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SMT. VARALAKSHMI. M.N., W/O. MR.ASHOKA T., Digitally signed by AGED ABOUT 36 YEARS, PADMAVATHI B K Location: HIGH RESIDING AT NO. 638, COURT OF 1^ST CROSS, 1^ST MAIN ROAD, KARNATAKA NAGARABHAVI II STAGE, ANNAPOORNESHWARI NAGAR, BENGALURU – 560 072.

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WORKING AS DEPUTY CHIEF LEGAL AID DEFENCE COUNSEL DISTRICT LEGAL SERVICES AUTHORITY, BENGALURU RURAL DISTRICT,

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NC: 2023:KHC:42309 WP No. 17356 of 2023

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CITY CIVIL COURT COMPLEX, BENGALURU – 560 009.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IV ADDITIONAL FAMILY COURT, BENGALURU IN M.C.NO.6597/2018 TO DISPOSE OFF WITHIN AN OUTER LIMIT OF THREE MONTHS. THE PETITIONER OF MC NO. 6597/18 IS PROVIDED IN ANNX-A.

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner – husband is before this Court seeking the following prayer:

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“The Petitioner most humbly prays that this Hon’ble Court may be pleased to direct IV Additional Family Court, Bengaluru in M.C.No.6597/2018 to dispose off within an outer limit of three months. The petition of M.C.No.6597/2018 is provided in Annexure ‘A’.”

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The petitioner is the husband and the respondent, his wife. On floundering of their relationship, the petitioner preferred a petition for annulment of marriage in M.C.No.6597/2018. It is the contention of the petitioner that

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the concerned Court is not disposing the matter despite examination and cross-examination being over and 11 dates

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3 - NC: 2023:KHC:42309 WP No. 17356 of 2023

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being taken for cross-examination or further cross-examination by the respondent - wife.

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Learned counsel for the petitioner would submit that the pendency of the petition is causing grave prejudice to the petitioner.

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Since the prayer is innocuous and what is sought is only a direction for speedy disposal of the aforesaid petition in M.C.No.6597/2018, I deem it is unnecessary to issue notice to the respondent.

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For the aforesaid reasons, the following:

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ORDER

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a. The writ petition stands disposed.

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b. The concerned Court before whom M.C.No.6597/2018 is pending, shall expedite the proceedings in accordance with law and conclude the same, within six months from the date of receipt of a copy of the order.

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Ordered accordingly.

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Sd/JUDGE

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NVJ/List No.: 1 Sl No.: 35

Sri. Ashoka. T v. Smt. Varalakshmi. M. N.

Case brief

What is this about?

What did the court decide?

Sri. Ashoka. T v. Smt. Varalakshmi. M. N.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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