Citation : 2023 Latest Caselaw 6262 Kant
Judgement Date : 1 September, 2023
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NC: 2023:KHC:31439
WP No. 8683 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 8683 OF 2022 (GM-FC)
BETWEEN:
MR. MUNAL SANTRA,
AGED ABOUT 38 YEARS,
S/O MR S P SANTRA,
R/AT FLAT NO.215, MBR STEEPLE,
DEVARACHIKKANAHALLI,
BEGUR MAIN ROAD,
BANGALORE-560 068.
...PETITIONER
(BY SRI. MANJUNATH H.,ADVOCATE)
AND:
MRS. SONAM DUTTA,
AGED ABOUT 37 YEARS,
Digitally signed W/O MR MUNAL SANTRA,
by SHARADA EMPLOYED AT NATWEST GROUP INDIA
VANI B (FORMERLY RBS SREEDHAR SERVICES INDIA)
Location: HIGH CAMPUS 5B RMZ ECOWORLD,
COURT OF ADARSH PALM, RETREAT BELLANDUR,
KARNATAKA
BANGALORE-560 103.
EARLIER RESIDENT OF DOOR NO.302,
OM SAKTHI KRUPA, SREEDHAR MANSION,
114/587, 8TH CROSS, BHUVANESHWARI LAYOUT,
MUNNEKOLLAL, BANGALORE-560 037.
PERMANENT RESIDENT OF AIR VIEW COMPLEX (EAST)
ITI MORE P S ENGLISH BAZAR,
MALDA-WEST BENGAL - 732 101.
-2-
NC: 2023:KHC:31439
WP No. 8683 of 2022
MOB-8867562320/7892916765/9434468415
[email protected]
...RESPONDENT
(BY SMT. SWETHA G DESHPANDE.,ADVOCATE)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS IN M.C.NO.4679/2021 PENDING BEFORE THE
HONBLE IIIRD ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT
AT BANGALORE AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The subject matter of this Writ Petition is
substantially similar to the one in W.P.No.14769/2023
(GM-FC) between SRI. N RAJEEV vs. SMT. C DEEPA,
disposed off by this Court on 26.07.2023 directing
disposal of M.C.No. 5779/2018 pending on the file of
Family Court below within a period of one month. The
relief granted to the litigant in the cognate Petition needs
to be extended to the Petitioner herein on the principle of
parity of course, subject to admissible variation.
2. The Division Bench of this Court in W.A.Nos.
932-933/1974 between A.V.VINODA & ANOTHER Vs.
STATE OF KARNATAKA BY ITS COMMISSIONER &
NC: 2023:KHC:31439 WP No. 8683 of 2022
SECRETARY disposed of on 11.12.1974, has held that the
Court should treat the like-cases alike and if relief is
granted to a litigant it has to be extended to a similarly
circumstanced litigant as well, there being no derogatory
circumstances.
In view of the above, this Writ Petition is disposed off
requesting learned III Addl. Principal Family Court Judge
at Bengaluru, to dispose off the subject matrimonial cause
i.e., M.C.No.4679/2021 within an outer limit of one year.
All contentions are kept open.
The Registry shall send a copy of this judgment to
the Respondent-wife and to the learned judge of the Court
below through Speed Post, immediately.
Sd/-
JUDGE Bsv
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