Dipak Thakur Vs Sunita Thakur — Matrimonial and Divorce | Karnataka HC (2025)

Dipak Thakur Vs Sunita Thakur — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; IV Additional Principal Judge, Family Court, Bengaluru directed to dispose of MC.No.5860/2021 pending before it expeditiously with reasonable opportunity to both parties; both parties to cooperate with the Family Court; liberty to the Family Court to impose exemplary costs for unnecessary adjournments sought by the parties.

Issue for consideration

Whether the writ petition under Article 227 should be allowed by directing the IV Additional Principal Judge, Family Court, Bengaluru to decide MC.No.5860/2021, a matrimonial petition for dissolution of marriage pending since November 2021, expeditiously.

Court's answer

The writ petition is allowed and the IV Additional Principal Judge, Family Court, Bengaluru is directed to dispose of the matrimonial proceedings in MC.No.5860/2021 pending before it expeditiously, providing reasonable opportunity to both parties to put forth their case.

Ratio / Principle

Both the parties shall cooperate with the Family Court in disposal of the matter.

Key takeaways

No notice need be issued to the respondent since no order adverse to her interest is passed.obiter¶24
In case of any unnecessary adjournments sought for by the parties, the Family Court is at liberty to impose exemplary costs.ratio¶40

Detailed headnote1 paragraphs

Writ Petition (GM-FC) under Article 227 of the Constitution of India filed by the husband, in person, seeking a direction to the IV Additional Principal Judge, Family Court, Bengaluru to decide MC.No.5860/2021 — a petition for dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 filed in November 2021 and still undisposed — within one month. The Single Judge referred to Section 21B(2) of the Act (endeavour to conclude trial within six months from service of notice), held no notice to the respondent necessary as no adverse order was passed, allowed the petition, and directed the Family Court to dispose of the matrimonial proceedings expeditiously by providing reasonable opportunity to both parties. Both parties were directed to cooperate, and the Family Court was given liberty to impose exemplary costs in case of unnecessary adjournments sought by the parties. No order was passed on the merits of the matrimonial dispute.

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NC: 2025:KHC:15848 WP No. 9753 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.9753 OF 2025 (GM-FC)

BETWEEN:

DIPAK THAKUR 152, 2^ND FLOOR DEFENCE ENCLAVE GEDLAHALLI BENGALURU-560 077

…PETITIONER

(BY SRI DIPAK THAKUR, PETITIONER/PARTY-IN-PERSON)

AND:

SUNITA THAKUR 152, 1^ST FLOOR DEFENCE ENCLAVE GEDLAHALLI

BENGALURU-560 077

…RESPONDENT

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

Location: HIGH COURT OF KARNATAKA

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO DECIDE THE MATTER IN MC.NO.5860/2021 WITHIN ONE MONTH.

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

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NC: 2025:KHC:15848 WP No. 9753 of 2025

CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard the petitioner/party-in-person namely, Dipak Thakur.

This petition is filed by the petitioner-husband against the respondent-wife seeking a direction to IV Additional Principal Judge, Family Court, Bengaluru to dispose off the petition in MC.No.5860/2021 filed for dissolution of marriage expeditiously.

This Court does not find any need to issue notice to the respondent, as no order adverse to the interest of

the respondent is passed.

The petitioner-husband had filed a petition under Sections 13(1)(ia) of the Hindu Marriage Act, 1955 (for short, 'the Act') in November, 2021. 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, it is

3 - NC: 2025:KHC:15848 WP No. 9753 of 2025

relevant to extract Section-21B(2) of the Act, which reads as under:

"21B. xxxxx

(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."

Under the circumstance, this petition deserves to

be allowed. Accordingly, I pass the following:

ORDER

i) This petition is allowed ;

ii) IV Additional Principal Judge, Family Court, Bengaluru is hereby directed to dispose off the matrimonial proceedings in MC.No.5860/2021

pending before it, expeditiously by providing reasonable opportunity to both the parties to putforth their case;

iii) Both the parties shall cooperate with the Family Court in disposal of the matter. In case of any unnecessary adjournments sought for by the

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NC: 2025:KHC:15848 WP No. 9753 of 2025

parties, the Family Court is at liberty to impose exemplary costs;

iv) Ordered accordingly.

Sd/(PRADEEP SINGH YERUR) JUDGE

LB

List No.: 1 Sl No.: 39