Allowed¶35

Smt Sandhya a P v. Sri M Hemananda

Karnataka HC4 Apr 2025WP/2692/2025

Case brief

AI extract

What is this about?

Karnataka High Court mandamus for speedy disposal of matrimonial case; Section 21B(2) Hindu Marriage Act, 1955 six-month trial guideline; expeditious disposal of MC.No.4798/2023 before VI Additional Principal Judge, Family Court, Bengaluru; dissolution of marriage petition under Sections 13(1)(ia)(ib) and 25 HMA; Articles 226 and 227 Constitution; writ petition GM-FC; no notice to respondent as no adverse order; Pradeep Singh Yerur, J.; decided 04.04.2025; NC: 2025:KHC:14690.

What did the court decide?

Mandamus directing the VI Additional Principal Judge, Family Court, Bengaluru to dispose of the matrimonial proceedings in MC.No.4798/2023 expeditiously by providing reasonable opportunity to both parties. ¶35

Smt Sandhya a P Vs Sri M Hemananda — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing the VI Additional Principal Judge, Family Court, Bengaluru to dispose of MC.No.4798/2023 (dissolution of marriage) expeditiously. +1 more

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Court's answer

The writ petition is allowed and the VI Additional Principal Judge, Family Court, Bengaluru is directed to dispose of the matrimonial proceedings in MC.No.4798/2023 expeditiously by providing reasonable opportunity to both parties.

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Ratio / Principle

In view of Section 21B(2) of the Act, under which every petition is to be tried expeditiously with an endeavour to conclude the trial within six months from the date of service of notice of the petition on the respondent, the petition deserves to be allowed.

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Key takeaways

No notice to the respondent was necessary, as no order adverse to the interest of the respondent was passed.obiter¶24

Detailed headnote1 paragraphs

Writ Petition (GM-FC) under Articles 226 and 227 of the Constitution of India filed by the wife seeking a mandamus to the VI Additional Principal Judge, Family Court, Bengaluru for expeditious disposal of MC.No.4798/2023 — her July 2023 petition under Sections 13(1)(ia)(ib) and 25 of the Hindu Marriage Act, 1955 for dissolution of marriage, pending undisposed. An earlier 2020 judicial-separation petition by the husband had been dismissed for non-prosecution. Relying on Section 21B(2) of the Act (every petition to be tried expeditiously, with endeavour to conclude the trial within six months from service of notice on the respondent), and noting that no notice to the respondent was required since no adverse order was passed, the Court allowed the petition and directed expeditious disposal of MC.No.4798/2023 with reasonable opportunity to both parties. (Pradeep Singh Yerur, J.; 04.04.2025)

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1 - NC: 2025:KHC:14690 WP No. 2692 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF APRIL, 2025 BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.2692 OF 2025 (GM-FC)

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BETWEEN:

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SMT.SANDHYA A.P. W/O.HEMANANDA D/O.A.R.PRAKASH AGED ABOUT 27 YEARS RAMASHREE NILAYA MARKET ROAD, BIRUR CHIKKAMAGALURU DISTRICT-577 116

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…PETITIONER

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(BY SRI B.SIDDESWARA, ADVOCATE)

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AND:

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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SRI M.HEMANANDA S/O.MAHESH KUMR AGED ABOUT 33 YEARS R/AT NO.35/27 PANCHAMUKHI BUILDNG 5^TH CROSS, LIC COLONY JAYANGARA 3^RD BLOCK JAYANGARA BENGALURU-560 011

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ALSO AT: NO.34/1B, 17^TH CROSS IDEAL HOMES RAJARAJESHWARI NAGAR BENGALURU-560 098

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… RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING TO

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NC: 2025:KHC:14690 WP No. 2692 of 2025

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DISPOSE OF THE MATRIMONIAL CASE IN MC.NO.4798/2023 PENDING BEFORE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT ANNEXURE-J1 WITHIN 6 MONTHS.

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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 MR JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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Heard learned counsel for petitioner.

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This petition is filed by the petitioner-husband

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against the wife seeking a writ of mandamus for a direction to VI Additional Principal Judge, Family Court, Bengaluru to dispose of the petition in MC.No.4798/2023 filed for dissolution of marriage expeditiously.

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This Court does not find any need to issue notice

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to the respondent, as no order adverse to the interest of the respondent is passed.

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The respondent-husband had filed a petition for judicial separation in the year 2020, which came to be dismissed for non-prosecution and thereafter, the petitioner-wife filed a petition under Sections 13(1)(ia)(ib)

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3 - NC: 2025:KHC:14690 WP No. 2692 of 2025

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and 25 of the Hindu Marriage Act, 1955, in July, 2023. However, the matter has not yet been disposed of. Therefore, the petitioner is before this Court seeking expeditious disposal of the matter without delving into the merits of the matter.

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Section 21B(2) of the Act reads as under:

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"21B. xxxxx

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(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent."

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Under the circumstance, this petition deserves to

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be allowed. Accordingly, I pass the following:

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ORDER

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i) This petition is allowed ;

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ii) VI Additional Principal Judge, Family Court, Bengaluru is hereby directed to dispose of the matrimonial proceedings in MC.No.4798/2023 pending before it, expeditiously by providing reasonable opportunity to both parties;

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NC: 2025:KHC:14690 WP No. 2692 of 2025

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Ordered accordingly.

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Sd/-

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(PRADEEP SINGH YERUR) JUDGE

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LB List No.: 1 Sl No.: 35