Disposed

Dr. Edmond Clint Fernandes v. Mrs. Delma Lubna Coelho

Karnataka HC11 Mar 2024WP/5424/2024

Case brief

AI extract

What is this about?

A petitioner sought a writ direction requiring the Family Court at Mangaluru to complete his pending divorce case by a fixed date. The court declined, noting the trial had just commenced and a deadline was impracticable, but urged disposal as expeditiously as possible.

What did the court decide?

No fixed deadline granted; court directed expedited disposal of M.C.No.331/2021 without notice to respondent.

Dr. Edmond Clint Fernandes Vs Mrs. Delma Lubna… — Matrimonial and Divorce | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:9743 WP No. 5424 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 11^TH DAY OF MARCH, 2024

¶4

BEFORE

¶5

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5424 OF 2024 (GM-FC)

¶6

BETWEEN:

¶7

DR. EDMOND CLINT FERNANDES, AGED ABOUT 33 YEARS, S/O MR. EDWARD FERNANDES, RESIDING AT FERNANDES ENCLAVE, MELINA MOGERU, FALNIR, MANGALURU - 575 002.

¶8

…PETITIONER

¶9

(BY SMT. ANINDITA CHAKRAVARTHY, ADVOCATE)

¶10

AND:

¶11

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

¶12

MRS. DELMA LUBNA COELHO, AGED ABOUT 31 YEARS, W/O. DR. EDMOND CLINT FERNANDES, RESIDING AT COELHO HOUSE, A-1201, 12TH FLOOR, LUKE TOWER, S.V. ROAD, AMBOLI, ANDHERI (W), MUMBAI - 400 058.

¶13

…RESPONDENT

¶14

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RESPONDENT AND/OR THAT IS THE PRESIDING OFFICER, THE PRL. JUDGE, FAMILY COURT AT MANGALURU TO DISPOSE OF MC NO. 331/2021 ON HER BEFORE 30.06.2024 OR ANY OTHER DATE AS MAY BE FIXED BY THIS HONBLE COURT AND ETC.,

¶15

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶16

2 - NC: 2024:KHC:9743 WP No. 5424 of 2024

¶17

ORDER

¶18

The Writ Petition is filed seeking the following relief:

¶19

"Wherefore, it is most respectfully prayed that this Hon'ble Court may be pleased to issue Writ of Certori by

¶20

a) Issuing a direction to the Respondent and/or that is The Presiding Officer, the Principal Judge, Family Court at Mangaluru to dispose of M.C.No.331/2021 on or before 30.06.2024 or any other date as may be fixed by this Hon'ble Court.

¶21

b) Call for Records in M.C.No.331/2021 pending on the file of the Principal Judge, Family Court at Mangaluru.

¶22

c) Pass such other order or direction as this Hon'ble Court deem fit under facts and circumstances of the case to meet the ends of justice and equity.”

¶23

The Petitioner herein has filed M.C.No.331/2021

¶24

on the file of Principal Judge, Family Court at Mangaluru seeking divorce on the ground of cruelty.

¶25

Learned counsel for the petitioner submits that

¶26

the MC is of the year 2021 and objections are filed on 03.07.2023. On one pretext or the other, the respondent

¶27

is dragging on the matter. It is submitted that the

¶28

3 - NC: 2024:KHC:9743 WP No. 5424 of 2024

¶29

his fellowship in South Africa and that the intention of the respondent is to drag on the matter and the Court is also granting adjournments. Hence, there may be a direction to Court below to complete the Trial by 30.06.2024.

¶30

This Court is not proposing to issue notice to the respondent as no adverse orders are passed against the respondent.

¶31

This Court cannot give such a direction to the Court below and even according to the petitioner, the trial has just commenced and it would not be practically possible for the Court below to complete the case on or before 30.06.2024. But, however, as this case is filed in the year 2021, the Court shall dispose off the matter as expeditiously as possible.

¶32

SD/JUDGE

¶33

MEG List No.: 1 Sl No.: 6

Dr. Edmond Clint Fernandes v. Mrs. Delma Lubna Coelho

Case brief

What is this about?

What did the court decide?

Dr. Edmond Clint Fernandes v. Mrs. Delma Lubna Coelho

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

Coram

Case details

Similar cases

Malike Saba, Vs Sameer Hamsa Ramla

Vanajakshi Vs Imtiyaz Ulla

Sri Jagadeesh @ Javaraiah Vs Praveen Kumar

Smt. Vanathy Rajkumar Vs Mr. K Harish Kumar

Smt Rashmi M Vs Sri Pawan Kumar T S

Mrs M S Praveenalakshmy 39 Years Vs Dr M S Senthilnathan 44 Years