Dismissed¶40

Sri Poojitha Bilwar v. Sri Raghavendra Shivamurthy Bilwar

Karnataka HC9 Apr 2025WP/455/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 455 of 2025 (GM-FC); Justice Pradeep Singh Yerur; decided 09.04.2025. Wife challenged, under Article 227, the order of the I Additional Principal Judge, Family Court, Bengaluru in M.C.No.1378/2022 keeping her concession memo in abeyance instead of forthwith decreeing divorce sought by husband under Section 13(1)(ia), Hindu Marriage Act. Petition dismissed; memo to be considered with materials and evidence, Section 13(B) consent-divorce option noted, expedited disposal directed. No precedent relied upon; single-judge oral order; no dissent.

What did the court decide?

No substantive relief; writ petition dismissed with a direction to the Family Court to expedite disposal of M.C.No.1378/2022 giving reasonable opportunity to both parties. ¶40

Sri Poojitha Bilwar Vs Sri Raghavendra Shivamurthy… — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; writ petition dismissed with a direction to the Family Court to expedite disposal of M.C.No.1378/2022 giving reasonable opportunity to both parties.

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Issue for consideration

Whether the Family Court erred in keeping the wife's memo conceding the husband's divorce petition in abeyance instead of proceeding forthwith to pass judgment and decree of divorce.

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Court's answer

The High Court finds no cogent reasons to interfere with the Family Court's order keeping the wife's memo in abeyance.

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Ratio / Principle

The learned Family Court Judge shall consider the wife's memo and pass suitable orders based on the materials placed on record and the evidence recorded; if the parties mutually approach by filing a consent divorce petition under Section 13(B) of the Hindu Marriage Act, 1955, he shall consider the same, otherwise the matter shall be decided on merits in accordance with law.

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Key takeaways

Since the divorce petition was filed in the year 2022, the Family Court, Bengaluru shall expedite the matter and dispose of the petition expeditiously, giving reasonable opportunity to both parties.ratio¶41

Detailed headnote1 paragraphs

Writ petition under Article 227 by the wife challenging the Family Court's order keeping in abeyance her memo conceding the husband's divorce petition under Section 13(1)(ia) of the Hindu Marriage Act: HELD, dismissing the petition, that there were no cogent reasons to interfere; the Family Court was right in directing that the memo be considered along with the main matter. The learned Family Court Judge is to consider the memo together with the materials on record and the evidence recorded and pass suitable orders in accordance with law; if the parties mutually approach the Court by filing a consent divorce petition under Section 13(B) of the Hindu Marriage Act, 1955, that is to be considered, failing which the matter is to be decided on merits. As the petition dates from 2022, the Family Court is directed to expedite its disposal, affording reasonable opportunity to both parties.

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NC: 2025:KHC:15156 WP No. 455 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO. 455 OF 2025 (GM-FC)

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BETWEEN:

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SRI POOJITHA BILWAR W/O SRI RAGHAVENDRA SHIVAMURTHY BIWAN, D/O P NARSING RAO, AGED ABOUT 33 YEARS, R/AT H NO.12-11-1712/1, SRI MAATHRU NILAYAM, UPPERBASTHI, NAMALAGUNDU, SECUNDERABAD, TELANGANA - 560 061

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…PETITIONER

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(BY MS. SOFIYA, ADVOCATE)

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AND:

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Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka

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SRI RAGHAVENDRA SHIVAMURTHY BILWAR S/O LATE SHIVAMURTHY BILWAR, AGED ABOUT 35 YEARS, R/AT 108, JASMINE BLOCK, EDEN BLOSSOMS APARTMENT, 9TH AND 10TH BLOCK, NEXT TO BMTC BUS LAYOUT, JP NAGAR 9TH PHASE, BANGALORE - 560 062

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…RESPONDENT

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(BY MR. SANDEEP HEGDE, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 06.12.2024 PASSED BY THE HON'BLE I ADDL. PRINCIPAL FAMILY COURT, BANGALORE ON MEMO DTD 25.10.24 IN MC NO. 1378/222 (ANNX-A) AND ETC.

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NC: 2025:KHC:15156 WP No. 455 of 2025

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THIS PETITION, COMING ON FOR ORDERS, 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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This petition is filed by the wife against the husband being aggrieved by the order dated 06.12.2024 passed by the I Additional Principal Judge, Family Court, Bengaluru in M.C.No.1378/2022, whereby, at the instance of the wife a Memo came to be filed in the divorce petition initiated by the respondent-husband stating that the wife does not have any objection to the petition of the husband being allowed for divorce. This memo is kept in abeyance by the learned Judge of the Family Court, Bengaluru. Aggrieved by which, the petitioner-wife is before this Court.

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It is the contention of learned Counsel for the petitioner that divorce petition came to be filed by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act. The petitioner being respondent before the Family Court, filed statement of objections in the said divorce petition. Thereafter, she filed a memo on 07.06.2024 praying the Court to allow the petition filed by the respondent seeking dissolution

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NC: 2025:KHC:15156 WP No. 455 of 2025

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of marriage and pass orders. The said memo has been kept in abeyance by the learned Judge of the Family Court on the ground that the same would be considered along with the main petition.

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It is the grievance of petitioner that once she has filed a memo conceding that the petition of the respondenthusband be allowed, the Family Court should have proceeded further and pass the Judgment and Decree of divorce rather than keeping in abeyance to be considered along with main petition. Therefore, she seeks to allow this petition, consequently, the memo filed by her to allow the petition of the respondent-husband and grant decree of divorce.

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Learned counsel for the respondent contends that he has no objection in the petition being allowed but it requires to be allowed in terms of the petition filed by him on the ground so urged on the provisions stated in the petition for divorce and not merely on the Memo filed by the petitioner herein. The Family Court has now posted the matter for recording of evidence. Memo would be considered along with the main matter which is correctly held by the learned Family

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NC: 2025:KHC:15156 WP No. 455 of 2025

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Court. Hence, there is no illegality or perversity in the order passed by the learned Family Court Judge.

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I have heard learned counsel for the Petitioner and learned counsel for the respondent.

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The memo filed by the learned counsel for petitioner is placed on record.

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The Learned Judge of the Family Court shall consider the same and pass suitable orders based on the materials placed on record and also the evidence that is recorded before the Family Court in accordance with law. If the parties are willing to approach the Court mutually by filing a consent divorce petition under Section 13(B) of the Hindu Marriage Act, 1955, he shall consider the same otherwise the learned Judge of the Family Court shall decide the matter in accordance with law on merits of the matter and pass suitable Orders.

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Under the circumstances, I do not find any cogent reasons to interfere with the order passed by the Principal Judge, Family Court, Bengaluru on the memo dated 25.10.2024. Accordingly, I pass the following

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NC: 2025:KHC:15156 WP No. 455 of 2025

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O R D E R

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(i) The petition is dismissed .

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(ii) In view of the petition being filed in the year 2022, learned Judge of the Family Court, Bengaluru, shall expedite the matter and dispose of the petition expeditiously by giving reasonable opportunity to both the parties.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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PSJ List No.: 1 Sl No.: 15

Sri Poojitha Bilwar v. Sri Raghavendra Shivamurthy Bilwar

Case brief

What is this about?

What did the court decide?

Sri Poojitha Bilwar v. Sri Raghavendra Shivamurthy Bilwar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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