R Sharath v. V Preeti

e -e1e-eeeee e e ((((((((((((HC-KAR NC:(2026:KHC:39231 WP(No.(18278(of(2026 CNR:(KAHC010402512026 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(28 (DAY(OF(JULY,(2026( BEFORE( THE(HON'BLE(DR.(JUSTICE(CHILLAKUR(SUMALATHA( WRIT(PETITION(NO.18278(OF(2026((GM-FC) BETWEEN:( R.,SHARATH, SON,OF,T.,RAJU, AGED,ABOUT,38,YEARS,, RESIDING,AT,MILLENNIUM,HABITAT, M-06,,B-BLOCK,,KUNDANAHALLI, BROOKEFIELDS, BENGALURU-560,057, …PETITIONER, (BY,SMT.,SHAZIA,SHAIKH,,ADVOCATE), AND: V.,PREETI,Digitallytisigned W/O.,SHARATH,RAJU,by0AASEEFA AGED,ABOUT,37,YEARS,PARVEEN C-1,,AHP,WOODS,Location:0HIGH SPRINGDALE,LAYOUT,COURT0OF VIJAYANAGAR,,WHITEFIELD,KARNATAKA BENGALURU-560,066, …RESPONDENT, , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, DIRECTING, THE, HON'BLE, VI, ADDITIONAL, PRINCIPAL, JUDGE,, FAMILY, COURT,, BENGALURU, TO, DISPOSE, OF,,,,,,,,,,,,,,,,,,,,,,,, M.C., NO.1311/2020, C/W, M.C., NO., 5288/2022, (ANNEXURE-A, AND,ANNEXURE-B),WITHIN,THREE,MONTHS,OR,A,FIXED,AND, TIME-BOUND, PERIOD, AS, MAY, BE, DEEMED, FIT, BY, THIS,

HON'BLE COURT AND DIRECT THE LEARNED TRIAL COURT TO PROCEED WITH THE MATTER BY AVOIDING UNNECESSARY ADJOURNMENTS EXCEPT FOR EXCEPTIONAL CIRCUMSTANCES AND PASS APPROPRIATE DIRECTIONS RESTRAINING REPEATED AND UNNECESSARY REFERRALS TO MEDIATION IN THE ABSENCE OF ANY LIKELIHOOD OF SETTLEMENT.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER Heard Ms.Shazia Shaikh, learned counsel for the petitioner.

¶2Seeking the Court to issue a writ of mandamus or any other appropriate writ and to direct the Court of VI Additional Principal Judge, Family Court, Bengaluru, to dispose of M.C.No.1311/2020 clubbed with M.C.No.5288/2022 time bound, the petitioner who is one of the parties to those proceedings is before this Court.

¶3In the light of the limited relief sought for and as no prejudice will be caused to the respondent, notice to respondent is dispensed with and accordingly I.A.No.1/2026 filed for grant of such relief is allowed.

¶4Learned counsel for the petitioner submits that petitioner is the husband of respondent. He filed M.C.No.1311/2020 seeking a decree of divorce. On the other hand, respondent/wife filed M.C.No.5288/2022 seeking restitution of conjugal rights. The matters are being dealt with by the Court of VI Additional Principal Judge, Family Court, Bengaluru. As respondent is not diligent in pursuing the matters, the cases are simply adjourned and dates are being given. The case filed by the petitioner seeking decree of divorce is pending since more than five years. Thus, having no other go, petitioner has filed this writ petition seeking necessary directions to the concerned Court to dispose of the matter expeditiously.

¶5There is every requirement for the Family Courts to dispose of the matters expeditiously. The matters can be adjourned in case such adjournment is genuinely required. The certified copies of the proceeding sheets reveal that for cross-examination of PW.1 itself, the case was adjourned number of times. The order dated 25.04.2025 reads as under.

"PW.1 is present. The respondent is absent. Both side counsel are present. For Cross of PW.1 call on 11.07.2025." Likewise the order dated 11.07.2025 reads as under: "PW.1 is present. The respondent is absent. Both side counsel are present. the respondent side prays time. For cross of PW.1 call on

22.08.2025."

¶6The case was adjourned even on 22.08.2025 and

26.09.2025 just on the ground that time was sought. Therefore, in the interest of justice this Court is of the view that a direction is required to be given to the Family Court to dispose of the matters time bound.

¶7Therefore, the writ petition is disposed of with the following: ORDER

i) The Court of VI Additional Principal Judge, Family Court, Bengaluru, is directed to dispose of

M.C.No.1311/2020 clubbed with M.C.No.5288/2022 as expeditiously as possible preferably within a period of four months.

ii) On each and every date of hearing, the Court is directed to record the progress in trial and in case the cases are adjourned, the reasons for granting such adjournment.

iii) As the writ petition is disposed of without service of notice to the respondent, the Court of VI Additional Principal Judge, Family Court, Bengaluru, is directed to serve a copy of this order either to the respondent or her counsel.

iv) Registry to forward copy of this order to the concerned Court, forthwith. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP List No.: 1 Sl No.: 37