Allowed¶37

M.S.Shashidhar v. Smt.Sowmya

Karnataka HC21 Mar 2025WP/7732/2025

Case brief

AI extract

What is this about?

Karnataka HC, WP No. 7732 of 2025 (GM-FC), decided 21-03-2025 by Justice Pradeep Singh Yerur; writ of mandamus under Articles 226/227 to expedite disposal of divorce petition MC.No.633/2017 under Section 13(1)(ia) Hindu Marriage Act, 1955, pending since 01.02.2017; Section 21B(2) six-month trial mandate invoked; respondent's applications to recall PW.1 and repeated adjournments; disposal directed within three months; liberty to impose costs for adjournments; no notice to respondent as no adverse order.

What did the court decide?

Direction to the V Additional Principal Judge, Family Court, Bengaluru to dispose of MC.No.633/2017 expeditiously within an outer limit of three months from the date of receipt of a copy of the order; the Family Court is at liberty to impose costs on both parties for unnecessary adjournments. ¶37

M.S.Shashidhar Vs Smt.Sowmya — 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 V Additional Principal Judge, Family Court, Bengaluru to dispose of MC.No.633/2017 (the husband's divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955, pending since 01.02.2017) expeditiously, in view of the delay and the respondent's recourse to recall applications and adjournments, consistent with Section 21B(2)'s mandate to conclude trial within six months of service of notice.

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Court's answer

In view of Section 21B(2) of the Hindu Marriage Act, 1955, matrimonial proceedings between the husband and wife require to be decided expeditiously so as to put an end to the ordeal between them; the provision requires every petition under the Act to be tried as expeditiously as possible, with endeavour to conclude the trial within six months from the date of service of notice of the petition on the respondent.

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Ratio / Principle

The V Additional Principal Judge, Family Court, Bengaluru is directed to dispose of the proceedings in MC.No.633/2017 expeditiously within an outer limit of three months from the date of receipt of a copy of the order, the parties having concluded the evidence and the matter being posted for arguments of the respondent-wife.

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Key takeaways

The Family Court is at liberty to impose costs on both parties for unnecessary adjournments.ratio¶38
The Court was not inclined to issue notice to the respondent, as no adverse order was passed against her.ratio¶20

Detailed headnote1 paragraphs

Mandamus for expedition of matrimonial trial - Writ petition under Articles 226 and 227 of the Constitution by the husband seeking a direction to the V Additional Principal Judge, Family Court, Bengaluru to dispose of MC.No.633/2017, his divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 filed on 01.02.2017, in which no progress had been made; after the matter was posted for arguments on 15.11.2022, the respondent-wife filed applications to recall PW.1 for further cross-examination despite its conclusion and took repeated adjournments. Invoking Section 21B(2) of the Act (endeavour to conclude trial within six months from service of notice), the Court held that matrimonial proceedings must be decided expeditiously to end the ordeal between the spouses; it declined to issue notice to the wife as no adverse order was passed against her; allowed the petition and directed disposal of MC.No.633/2017 within three months of receipt of the order, with liberty to the Family Court to impose costs on both parties for unnecessary adjournments.

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NC: 2025:KHC:12081 WP No. 7732 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF MARCH, 2025 BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.7732 OF 2025 (GM-FC)

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BETWEEN:

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M.S.SHASHIDHAR S/O.LATE M.T.SRINIVAS AGED ABOUT 36 YEARS R/AT NO.498, 4^TH CROSS 11^TH MAIN, WEST OF CHORD ROAD BENGALURU-560 086

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…PETITIONER

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(BY SRI VAGEESHA N., ADVOCATE)

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AND:

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SMT.SOWMYA AGED ABOUT 36 YEARS R/AT NO.72, 6^TH CROSS NEAR NANDHA THEATRE PIPE LINE ROAD, J.C.NAGAR MAHALAKSHMIPURAM LAYOUT BENGALURU-560 086

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

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… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO DISPOSE OF MC.NO.633/2017 VIDE ANNEXURE-A EXPEDITIOUSLY WITHIN A PERIOD OF TWO MONTHS.

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

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NC: 2025:KHC:12081 WP No. 7732 of 2025

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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 Court is not inclined to issue notice to the

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respondent, as no adverse order is passed against the respondent.

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This petition is filed by the petitioner-husband against the respondent-wife seeking a writ of mandamus for a direction to V Additional Principal Judge, Family Court, Bengaluru to dispose off the petition in MC.No.633/2017 filed by the husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, 'the Act') for dissolution of marriage.

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Learned counsel for petitioner-husband contends that petitioner-husband has filed a petition under Section 13(1)(ia) of the Act before the Family Court for decree of divorce dissolving the marriage between the petitioner and the respondent. Despite the petition having been filed on 01.02.2017, no progress is made in the petition. However,

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3 - NC: 2025:KHC:12081 WP No. 7732 of 2025

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when the matter was posted for arguments on 15.11.2022, the respondent is filing frivolous applications

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to recall PW.1 for further cross-examination, despite concluding the cross-examination in order to prolong the proceedings without any reasonable cause. He further contends that the respondent has also been taking unnecessary adjournments time and again. Hence, the petitioner is before this Court.

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Admittedly, the provisions of the Act are clear and unambiguous, more specifically, Section 21B of the Act deals with special provisions relating to trial and dispose of the petition.

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

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"21B. Special provision relating to trial and disposal of petitions under the Act.─(1) xxxxxxxxxx xxxxxxxxxxxxx.

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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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xxxxxxxxxx"

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NC: 2025:KHC:12081 WP No. 7732 of 2025

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In view of the above said provision, the

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matrimonial proceedings relating to the dispute between the husband and wife requires to be decided expeditiously in order to put an end to the ordeal between the husband and wife.

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Under the circumstance, I pass the following:

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ORDER

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i) This petition is allowed ; ii) V Additional Principal Judge, Family Court, Bengaluru, is hereby directed to dispose off the proceedings in MC.No.633/2017 expeditiously within an outer limit of three months from the date of receipt of a copy of this order, as the parties have concluded the evidence and the matter is posted for arguments of the respondentwife;

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iii) The Family Court is at liberty to impose costs on both parties for unnecessary adjournments.

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Ordered accordingly.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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LB/List No.: 1 Sl No.:38

M.S.Shashidhar v. Smt.Sowmya

Case brief

What is this about?

What did the court decide?

M.S.Shashidhar v. Smt.Sowmya

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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