Dismissed¶¶37

Fathim Uz Zuhara v. Mr Sajjad Pasha

Karnataka HC14 Jul 2025WP/19384/2025

Case brief

AI extract

What is this about?

Karnataka HC Bengaluru, NC: 2025:KHC:25758, WP No. 19384/2025 (GM-FC), Lalitha Kanneganti J, 14-07-2025; Article 227 mandamus to expedite/timeline-limit Family Court case MC 2966/2023 refused; pendency directive — pre-2019 pending matters to clear by December 2025; marriage-solemnization-year argument rejected; personal matrimonial difficulties not a ground; writ petition dismissed, pending IAs closed; no cases or statutes beyond Article 227 cited.

What did the court decide?

It is not appropriate for this court to direct the Family Court to dispose of a matrimonial matter of the year 2023; hence the court finds no reasons to direct the Family Court. ¶¶34

Fathim Uz Zuhara Vs Mr Sajjad Pasha — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the Hon'ble Principal Family Judge, Bangalore should be directed, by writ of mandamus or otherwise, to expedite the judicial process in MC No. 2966/2023. +1 more

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Court's answer

It is not appropriate for this court to direct the Family Court to dispose of a matrimonial matter of the year 2023; hence the court finds no reasons to direct the Family Court.

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Ratio / Principle

The personal problems raised by parties in every matrimonial case cannot be a ground to direct the Family Court to dispose of the case.

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Key takeaways

While considering an application for expeditious disposal of a case, the year in which the marriage was solemnized is not a concern of the court.obiter¶¶30
By specific direction to the burdened Bangalore Family Courts, all matters pending till 2019 are to be disposed of by December 2025; the court relied on this administrative position in declining to prioritise a 2023 case.obiter¶¶33

Detailed headnote1 paragraphs

NC: 2025:KHC:25758 — Karnataka High Court (Bengaluru), single judge (Lalitha Kanneganti, J.), Oral Order dated 14 July 2025 on WP No. 19384 of 2025 (GM-FC), filed under Article 227 of the Constitution of India by a wife (Fathim-Uz-Zuhara) seeking a writ of mandamus directing the Hon'ble Principal Family Judge, Bangalore to expedite and to wrap up her matrimonial case MC No. 2966/2023 within three months, on the plea that the respondent/husband was prolonging the matter. The court held it inappropriate to direct the Family Court to dispose of a matter of the year 2023: Bangalore Family Courts are burdened with high pendency and, under existing directions, all matters pending till 2019 are to be disposed of by December 2025; the year of solemnization of the marriage (2018) is not a concern while considering expeditious disposal; and the personal problems arising in every matrimonial case cannot be a ground for such a direction. Writ petition dismissed; all pending I.A.s in the writ petition closed. No precedent cited; no quantum involved.

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NC: 2025:KHC:25758 WP No. 19384 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19384 OF 2025 (GM-FC)

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BETWEEN:

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FATHIM- UZ- ZUHARA D/O T.M. SHAMEER PASHA, W/O SAJJAD PASHA, AGED ABOUT 33 YEARS, RESIDING AT NO.50, 3^RD CROSS, SUNRISE COLONY, NEAR ACHARYA COLLEGE, CHOLANAYAKANAHALLI, BENGALURU-560 032

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…PETITIONER

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(BY SRI. SYED NASEERUDDIN, ADVOCATE)

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AND:

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Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

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MR.SAJJAD PASHA S/O HAFEEZULLA SHARIEFF, AGED ABOUT 36 YEARS, RESIDING AT FIRST FLOOR, 2^ND CROSS, RAMAIAH LAYOUT, KAMMANAHALLI MAIN ROAD, KALYANA NAGAR, BENGALURU-560 084

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTIONS BY WAY OF WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE HON'BLE PRINCIPAL FAMILY JUDGE, BANGALORE TO EXPEDITE THE JUDICIAL PROCESS IN MC NO.2966/2023, IN ANNEXURE A.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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NC: 2025:KHC:25758 WP No. 19384 of 2025

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HC-KAR

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ORAL ORDER

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The present writ petition is filed seeking the following

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prayer:

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a. Issue directions by way of writ of Mandamus or any other writ directing the Hon'ble Principal Family Judge, Bangalore to expedite the judicial process in MC No. 2966/2023, in ANNEXURE A.

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b. Issue directions by way of writ of Mandamus or any other writ directing the Hon'ble Principal Family Judge, Bangalore, to wrap up the litigation in MC No. 2966/2023, in ANNEXURE A, within an outer limit of three months.

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c. Pass any other order that this Hon'ble Court may deem fit in the interest of justice and equity.

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Learned counsel appearing for the petitioner/wife submits

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that MC.No.2966/2023 is pending on the file of the Prl. Judge, Family Court, Bangalore and the respondent/husband is prolonging the matter.

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It is submitted that the marriage is solemnized in the year 2018 when this court is considering the application for expeditious disposal of the case, when the marriage is solemnized is not the concerns of the court. The family courts particularly in Bangalore are burdened with cases because of high pendency, specific directions are issued to the Family

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3 - NC: 2025:KHC:25758 WP No. 19384 of 2025

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HC-KAR

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Courts that by December 2025 all the matters pending till 2019 shall be disposed off.

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In that view of the matter, it is not appropriate for this court to direct the Family Court to dispose of the matter which is of the year 2023 and with regard to personal problems raised by the petitioner in every matrimonial case, the parties will have one concern or the other and that cannot be a ground to direct the Family Court to dispose of the case. Hence, this court finds no reasons to direct the Family Court.

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