Disposed

Sri Ashok Kumar S v. Dr Archana G

Karnataka HC6 Jun 2024WP/14519/2024

Case brief

AI extract

What is this about?

Husband sought a mandamus directing the II Additional Family Court, Bengaluru to expeditiously dispose of a divorce petition M.C.No.3167/2021 in which both parties sought divorce. The Court declined to fix a time bound disposal given the delay attributable since appearance was entered only in 2022, but directed the trial court to proceed without unnecessary adjournments and disposed of the petitio

What the court decided

AI extract

Sri Ashok Kumar S Vs Dr Archana G — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC:19524 WP No. 14519 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14519 OF 2024 (GM-FC)

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BETWEEN:

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SRI. ASHOK KUMAR.S. S/O FRI SHIVARAJ. M. AGED ABOUT 40 YEARS R/AT 2/2, 4^TH MAIN ROAD CHINNAPPA GARDEN BENSON TOWN BENGALURU- 560 046 (PRESENTLY RESIDING IN THIS ADDRESS SINCE 08.08.2023)

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…PETITIONER

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(BY SRI. RAMESH P. KULKARNI, ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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DR.ARCHANA G., MBBS MD W/O SRI.ASHOK KUMAR S., AGED ABOUT 40 YEARS SENIOR RESIDENT DEPT. OF PSYCHIATRY BENGALURU MEDICAL COLLEGE AND RESEARCH INSTITUTE, BENGALURU -560 002 ALSO AT R/AT NO.227, 1^ST E CROSS ROAD HRBR LAYOUT 3^RD BLOCK, KAMMANAHALLI BENGALURU- 560 084

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE II ADDL.

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NC: 2024:KHC:19524 WP No. 14519 of 2024

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FAMILY COURT, BENGALURU, TO DISPOSE OF THE PETITION, MC NO. 3167/2021, EXPEDITIOUSLY WITHIN A FIXED TIME FRAME OF LESS THAN SIX MONTHS OR ANY OTHER PERIOD.

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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 present petition is filed seeking to issue a mandamus directing the II Additional Principal Judge, Family Court, Bengaluru, to dispose off M.C.No.3167/2021 as expeditiously as possible.

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Learned counsel appearing for the petitioner submits that the respondent on one pretext or the other is not cooperating with the matter and the matter is pending. It is submitted that on the last two occasions, the respondent was not present and when the matter is listed today, today also respondent was absent. He submits that the respondent has filed the MC for divorce and also the petitioner herein has filed a counter claim seeking divorce. When both the parties are seeking divorce, the Court can expeditiously dispose off the matter.

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This Court has perused the docket proceedings wherein the petitioner herein has entered appearance in the

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3 - NC: 2024:KHC:19524 WP No. 14519 of 2024

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end of December 2021 that is almost in the year 2022 even the docket proceedings reveal that for filing application for of interim maintenance and for filing objections, the matter underwent adjournments. Looking at the docket proceedings and considering the fact that appearance itself is entered in the

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year 2022, this Court finds no reason to pass any order directing the Court below to fix a time bound manner for the disposal of the matter.

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However, considering the repeated adjournments taken by the respondent, the writ petition is disposed off directing the Court below to proceed with the matter without granting unnecessary adjournments. Further, as no adverse orders are passed against the respondents this court is not issuing notice to the respondents.

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SD/JUDGE

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MEG

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List No.: 1 Sl No.: 11

Sri Ashok Kumar S v. Dr Archana G

Case brief

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Sri Ashok Kumar S v. Dr Archana G

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