Wife sought a direction that the Family Court decide her pending divorce petition within three months, alleging delays and non-cooperation by the husband. The High Court found no unnecessary adjournments by the court below and declined to interfere, dismissing the petition.
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NC: 2024:KHC:14032 WP No. 5421 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5421 OF 2024 (GM-FC)
BETWEEN:
SMT. PRAVEENA VENU. V, D/O SRI. V. VENUGOPAL, AGED ABOUT 40 YEARS, RESIDING AT: 'DIWAKAR CASTLE', GRACE VILLA, NO. 603, 2ND BLOCK, 7TH CROSS, AKASHAYA NAGAR, T.C. PALYA MAIN ROAD, BANGALORE - 560 016.
…PETITIONER
(BY SMT. CHAMPOO KAVYA S, ADVOCATE FOR SRI. DR. M. SUNIL SHASTRY, ADVOCATE)
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
AND:
MR. M.G. SARAVANAN, S/O SRI. M. GOPINATH, AGED ABOUT 43 YEARS, RESIDING AT FLAT NO.14-B, ANNAI THERASA NAGAR, PHASE-II, PUZUDHIVAKKAM, CHENNAI - 600 091.
…RESPONDENT
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE HONBLE IV ADDITIONAL FAMILY COURT JUDGE AT
NC: 2024:KHC:14032 WP No. 5421 of 2024
BENGALURU, AT BENGALURU IN MC NO. 6387/2021 TO DISPOSE OFF THE MATTER IT IN A STIPULATED TIME OF THREE MONTHS WHICH IS AT ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present writ petition is filed seeking direction to the Court below to dispose off M.C.No.6387/2021 pending on the filed of IV Additional Principal Judge, Family Court, Bengaluru, within a stipulated time of three months.
seeking divorce. The parties are referred to as husband and wife for the sake of convenience.
the husband and wife have been residing separately from the last eight years. The wife is not claiming any maintenance from the husband and the matter is being unnecessarily adjourned and getting delayed. Even for filing the statement of assets and liabilities, five adjournments were granted and the matter was referred to the Mediation Centre which took considerable time.
NC: 2024:KHC:14032 WP No. 5421 of 2024
Now, it is coming up for the cross-examination of the petitioner/wife. It is submitted that the husband with an intention to protract the litigation is not co-operating with the trial.
i. Accordingly, the writ petition is dismissed.
SD/JUDGE
MEG List No.: 1 Sl No.: 2 CT: BHK
1 issue framed by the court
Whether the Family Court should be directed to dispose of M.C.No.6387/2021 within three months.
1 provisions across 1 enactments
Smt. Praveena Venu. V
Mr. M.G. Saravanan
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
