The High Court of Karnataka dismissed a writ petition seeking direction to the Family Court to expedite disposal of a divorce suit. The Court held that no inordinate delay or default by the trial Judge was found.
Direction to dispose of MC No.5911/2021 as expeditiously as possible dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:15178 WP No. 5385 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5385 OF 2024 (GM-FC)
BETWEEN:
MRS JASLEEN KAUR WALIA W/O MR GEORGE TARN RAJAN D/O HARDEEP SINGH WALIA AGED ABOUT 27 YEARS, RESIDING AT NO.46, 3RD FLOOR, RISALDAR STREET, NEAR KUMAR KINO SESHADRIPURAM BENGALURU-560020
…PETITIONER
(BY SRI. UDAYA PRAKASH M.,ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
MR GEORGE TARUN RAJAN S/O MR JAYARAJAN PERUMGOTHRA AGED ABOUT 32 YEARS, RESIDING AT FLAT NO.2A, SHRIVARI ILLIAM, 419, KRC ROAD, DODDAGUBI, BENGALURU-560077 AND ALSO RESIDING AT 513-D EJIPURA MAIN ROGAD GOWDA MUNISWAMY GARDEN VIVEKA NAGAR, BENGALURU-560047
…RESPONDENT
(BY SMT. MONISHA N.S., ADVOCATE)
THIS WP IS FILED UNDER 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE II ADDITIONAL FAMILY JUDGE AT BANGLAORE, TO DISPOSE OF M.C. 5911/2021, ON ITS FILE AS EXPEDITIOUSLY AS POSSIBLE HOWEVER, WITHIN THE PERIOD TO BE3 FIXED BY THE HONBLE COURT IN THE INTEREST OF EQUITY AND JUSTICE AS PER ANNX-A.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:15178 WP No. 5385 of 2024
ORDER
The present writ petition is filed seeking a mandamus directing the II Addl. Principal Judge, Family Court, Bengaluru to dispose of M.C.No.5911/2021 as expeditiously as possible.
affidavit and on 21.11.2023, the further chief examination took place. The matter was adjourned on 04.12.2023 for arguments. Thereafter the respondent had filed two applications; one for the re-opening of the case and another for the recall of petitioner witnesses for cross-examination. An order was passed on 05.01.2024 allowing the two applications. On 08.02.2024 the petitioner was partly cross-examined and the matter was adjourned to 15.02.2024.
NC: 2024:KHC:15178 WP No. 5385 of 2024
is no delay on their part and they are not protracting the litigation.
SD/JUDGE
TS
List No.: 1 Sl No.: 50
2 issues framed by the court
Whether the Family Court was liable for delay in disposing of the matrimonial case filed in 2021.
Whether a writ of mandamus should be issued to direct disposal of the pending matter.
MRS JASLEEN KAUR WALIA
MR GEORGE TARUN RAJAN
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
