Disposed¶32

Smt. Fatima Kausar, v. Sri. Mustafa Nazar

Karnataka HC1 Jul 2026WP/13460/2026

Case brief

AI extract

What is this about?

Writ of mandamus for expeditious disposal of rival/cross divorce petitions; prayer to treat petitions as mutual-consent divorce and dissolve marriage; O.S. No.463 of 2022 (husband) and O.S. No.459 of 2025 (wife) before 1st Addl. Principal Court, Bengaluru; FIR Crime No.03 of 2023 quashed in Criminal Petition No. 9141 of 2023; custody petitions G & WC No.333 of 2025 and G & WC No.359 of 2022 pending; Articles 226 and 227; Karnataka HC writ (GM-FC); expedition of family court divorce proceedings.

What did the court decide?

Writ petition disposed of with a direction to the Family Court (I Additional Principal Court, Bengaluru) to dispose of both divorce applications in O.S. Nos.463 of 2022 and 459 of 2025 as expeditiously as possible. ¶32

Smt. Fatima Kausar, Vs Sri. Mustafa Nazar — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this Court should direct the I Additional Principal Court, Bengaluru (Family Court) to dispose of the rival divorce petitions in O.S. Nos.463 of 2022 and 459 of 2025 expeditiously, the petitioner having prayed that they be considered as by mutual consent. +1 more

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Court's answer

This Court finds that both the parties are not interested to live together and asking for the same relief of dissolution of the marriage.

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Ratio / Principle

Accordingly, the Court finds it reasonable to direct the Family Court to dispose of both the divorce applications at an early point of time.

¶27

Key takeaways

In the result, the petition is disposed of directing the Family Court to dispose of both the divorce applications in O.S. Nos.463 of 2022 and 459 of 2025, as expeditiously as possible.ratio¶32

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (P Sree Sudha J) — writ petition under Articles 226 and 227 of the Constitution of India by the wife seeking a mandamus to the I Additional Principal Court, Bengaluru to dispose of the rival divorce suits — O.S. No.463 of 2022 (filed by the husband) and O.S. No.459 of 2025 (filed by the wife) — expeditiously, with a further prayer that they be considered as by mutual consent. Facts recorded in the order: marriage performed on 30.08.2019; the wife's FIR in Crime No.03 of 2023 was quashed in Criminal Petition No. 9141 of 2023 upon settlement, after which the parties resided together post-November 2023 and separated in May 2024; cross custody petitions G & WC No.333 of 2025 (wife) and G & WC No.359 of 2022 (husband) also pending. Holding: both parties are not interested to live together and seek the same relief of dissolution of the marriage; the petition was disposed of directing the Family Court to decide both divorce applications as expeditiously as possible.

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1 - NC: 2026:KHC:32808 WP No. 13460 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 13460 OF 2026 (GM-FC)

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BETWEEN:

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SMT. FATIMA KAUSAR, D/O MOHAMED KAUSAR, AGED ABOUT 32 YEARS, RESIDING AT NO. 15, 9^TH CROSS, SULTAN PALLYA, R.T. NAGAR, BENGALURU-560 032. …PETITIONER (BY MR. SADDAM R. MULLA., ADVOCATE MR. TAHIR., ADVOCATE)

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AND:

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SRI. MUSTAFA NAZAR, S/O SYED WAHAB, AGED ABOUT 34 YEARS, Digitally PRESENTLY RESIDING AT signed by FALAK ENCLAVE, 2^ND FLOOR, 1^ST STAGE, PADMASHREE HBR LAYOUT, 4^TH BLOCK, SHEKHAR BENGALURU-560 043, DESAI ALSO AVAILABLE AT Location: High NO. 13/1, 2^ND FLOOR, STANDAGE ROAD, Court of FRAZER TOWN, Karnataka BENGALURU-560 005.

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…RESPONDENT

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(BY SRI. ARPITA R. REDDY, ADVOCATE FOR SRI. C H RAMACHANDRA REDDY., ADVOCATE)

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO DIRECT HON’BLE

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2 - NC: 2026:KHC:32808 WP No. 13460 of 2026

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HC-KAR

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1^ST ADDL. PRINCIPAL COURT, BENGALURU TO CONSIDER RIVAL DIVORCE PETITION AS MUTUAL CONSENT OF THE DIVORCE AND GRANT DIVORCE OR DISSOLVE THE MARRIAGE BETWEEN THE PARTIES BY DISPOSING O.S. NO.463/2022 PENDING ON THE FILE OF HONBLE 1ST ADDL. PRINCIPAL COURT, BENGALURU AT ANNX-B AND O.S. NO.459/2025 PENDING ON THE FILE OF HONBLE 1ST ADDL. PRINCIPAL COURT, BENGALURU AT ANNX-A SAME EXPEDITIOUSLY.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL ORDER

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This writ petition is filed by the petitioner-wife seeking a writ of mandamus directing I Additional Principal Court, Bengaluru, to consider rival divorce petition or dissolve the marriage between the parties by disposing O.S. No.463 of 2022 and 459 of 2022, both pending on the file of the said Court, expeditiously.

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The petitioner-wife has stated that her marriage with respondent-husband was performed on 30.08.2019. But respondent-husband filed O.S. No.463 of 2022 for divorce. She also filed an FIR in Crime No.03 of 2023 against respondent-husband and her in-laws. Later, due to the amicable settlement between the parties, the said FIR was

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3 - NC: 2026:KHC:32808 WP No. 13460 of 2026

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HC-KAR

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quashed in Criminal Petition No. 9141 of 2023, and they also agreed to withdraw all the pending cases. Both of them resided together after November, 2023. Later, in May 2024, petitioner-wife came to her matrimonial house. Respondent deserted her without any cause and therefore, she also filed O.S. No.459 of 2025 for dissolution of marriage.

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It is further stated that G & WC No.333 of 2025 is filed by petitioner-wife for custody of single child and G & WC No.359 of 2022 is filed by respondent-husband for custody and both the cases are also pending. Thus, requested this Court to dispose of both the divorce applications expeditiously.

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Heard the learned counsel appearing for both parties.

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This Court finds that both the parties are not interested to live together and asking for the same relief of dissolution of the marriage. Therefore, finds it reasonable to direct Family Court to dispose of both the divorce applications, at an early point of time.

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NC: 2026:KHC:32808 WP No. 13460 of 2026

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HC-KAR

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In the result, this petition is disposed of directing the

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Family Court to dispose of both the divorce applications in O.S. Nos.463 of 2022 and 459 of 2025, as expeditiously as possible.

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Sd/(P SREE SUDHA) JUDGE

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CS CT:NR List No.: 2 Sl No.: 35

Smt. Fatima Kausar, v. Sri. Mustafa Nazar

Case brief

What is this about?

What did the court decide?

Smt. Fatima Kausar, v. Sri. Mustafa Nazar

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

Coram

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