Wife sought a writ direction to expedite her divorce petition before the Family Court, compensation for allegations on her character, and interference with withdrawal of the husband's prior divorce petition without costs. The High Court found no ground for mandamus or interference with discretionary orders and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2780 OF 2024 (GM-FC)
BETWEEN:
SMT. VAISHNAVI.M, W/O SRIKANTH R, AGED ABOUT 32 YEARS, R/AT NO. 17, 5TH CROSS ROAD, 1ST MAIN ROAD, ANNAPOORNESHWARI LAYOUT, CHUNCHAGHATTA, BANGALORE 560 062.
…PETITIONER (BY SMT. AKSHATHA SHETTY K, ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
SRIKANTH R, S/O RAMESH H.K, AGED ABOUT 36 YEARS, R/AT NO. 254, 4TH D MAIN, SRI MARUTHI LAYOUT, VASANTHAPURA, BENGALURU -560 061.
…RESPONDENT
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE INDIAN CONSTITUTION PRAYING TO a) DIRECTION IN THE NATURE OF MANDAMUS TO DISPOSE THE PETITION FILED BY THE PETITIONER IN MC 81/2024, BEFORE THE PRINCIPAL JUDGE, FAMILY COURT, FOR EXPEDITIOUS DISPOSAL WITHIN 6 MONTHS FROM THE DATE OF ORDER OF THIS HONBLE COURT ETC.
NC: 2024:KHC:11448 WP No. 2780 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The writ petition is filed seeking the following prayers:
NC: 2024:KHC:11448 WP No. 2780 of 2024
and also the Court below had permitted the husband to withdraw the divorce petition without imposing cost and further, earlier IA that was filed seeking interference was not considered by the Court and any application that is going to be filed by the wife seeking maintenance, there shall be a direction to the Court below to dispose of the same as expeditiously as possible.
NC: 2024:KHC:11448 WP No. 2780 of 2024
its discretion had not imposed any costs and there cannot be
any interference from this Court.
reason to issue mandamus to the Court below. Accordingly, the
writ petition is dismissed.
SD/JUDGE
NR/List No.: 1 Sl No.: 15
2 issues framed by the court
Whether mandamus could be issued to the Family Court to expedite disposal of the wife's divorce petition and related applications.
Whether the Family Court's discretion in not imposing costs while permitting withdrawal of the husband's earlier divorce petition warranted interference.
1 provisions across 1 enactments
SMT. VAISHNAVI.M
SRIKANTH R
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
