Smt. Pholomine Veena Joseph Vs Sri. Deepak Manoharan Joseph

SMT. PHOLOMINE VEENA JOSEPH AGED ABOUT 42 YEARS, RESIDING AT FLAT NO. 402, 4^TH FLOOR, NAVYA TRINITY ENCLAVE, AKKAMMA LAYOUT, BANASWADI, BANGALORE- 560 033 PH. NO. 6366334481

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…PETITIONER

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(BY MS.JANHAVI C., ADVOCATE FOR SMT.USHA REDDY K.P., ADVOCATE)

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AND:

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Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

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SRI. DEEPAK MANOHARAN JOSEPH S/O. JOSEPH, AGED ABOUT 45 YEARS, NO.104, SOLITAIRE RESIDENCY, 90/1 AND 90/2, BYRATHI VILLAGE, KOTHANUR, BANGALORE-560 077

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…RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE HONBLE III ADDL. PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, TO EXPEDITIOUSLY DISPOSE OF MC NO. 473/2020 WITHIN A PERIOD OF THREE 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 SMT. JUSTICE LALITHA KANNEGANTI

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2 -

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NC: 2025:KHC:19504 WP No. 9511 of 2025

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HC-KAR

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ORAL ORDER

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The present writ petition is filed by the petitioner seeking

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the following prayer:

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a. Issue an appropriate writ, order or direction to the Hon’ble III Additional Principal Judge, Family Court, Bangalore to expeditiously dispose of MC.No.473/2020 within a period of three months.

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b. Pass such other orders or directions as this Hon’ble Court may deem fit in the interests of justice and equity.

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It is submitted by the learned counsel appearing for

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the petitioner that the MC.No.473/2020 is pending from a long time and the respondent is taking unnecessary adjournments as such there shall be a direction to the family court to expeditiously dispose of the matter.

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This case is pending before the III Addl. Principal Judge, Family Court, Bengaluru. It is the contention of the learned counsel that the I.A. is filed in the year 2022 is still not disposed and child has completed his 12^th standard and mother

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is not having financial capacity to join him in a college and hence there shall be a direction to the family court to dispose of the case expeditiously.

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3 - NC: 2025:KHC:19504 WP No. 9511 of 2025

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HC-KAR

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The MC is of the year 2020 and as per the statistics there are about 60 MC cases pending before the III Addl. Prl. Judge, Family Court, Bengaluru and there cannot be a direction to the family court to expeditiously dispose of the matter out of turn, where as the other cases of 2020 are still pending.

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When an I.A. is filed in the year 2022, this court is not able to understand why the I.A. is kept pending till now. Even if the respondent is not co-operating and not filing the statement of assets and liabilities, the court has to proceed as per the law laid down by the Hon’ble Apex Court in the case of Rajneesh Vs. Neha¹ and eternally the I.As., cannot be kept pending.

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