Karnataka High Court
Mrs Shwetha Wilson vs Mr Jaison Joseph Jayakumar on 9 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:1068
WP No. 29047 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION No.29047 OF 2023 (GM-FC)
BETWEEN:
MRS SHWETHA WILSON
AGED ABOUT 35 YEARS,
W/O MR JAISON JOSEPH JAYAKUMAR
D/O M R WILSON C J
R/A MAJESTIC RESIDENCY,
BLOCK C 301, NO.26,
TAVAREKERE MAIN ROAD,
BANGALORE-560029
...PETITIONER
(BY SRI SHARAN L JAIN, ADVOCATE)
AND:
MR JAISON JOSEPH JAYAKUMAR
MAHENDRA AARNA
TOWER A3 FLAT NO.506,
KAMMASANDRA VILLAGE ROAD,
Digitally signed by ANANTH NAGAR, PHASE II,
PADMAVATHI B K OPP. GRAND HYPER MARKET
Location: HIGH ELECTRONIC CITY
COURT OF
KARNATAKA BANGALORE-560100
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
PRINCIPAL FAMILY JUDGE, BANGALORE TO EXPEDITE THE
JUDICIAL PROCESS IN M.C.No.4049/2021, IN ANNEXURE-A
AND ETC.,
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:1068
WP No. 29047 of 2023
ORDER
Petitioner is before this Court with the following relief:
"WHEREFORE, in the light of the above facts and
circumstances, it is prayed that this Hon'ble Court be
pleased to -
(a) Issue directions by way of writ of mandamus or
any other writ directing the Hon'ble Principal
Family Judge, Bangalore to expedite the judicial
process in M.C.No.4049/2021, Annexure-A.
(b) Issue directions by way of writ of mandamus or
any other writ directing the Hon'ble Principal
Family Judge, Bangalore, to wrap up the litigation
in M.C.No.4049/2021, in Annexure-A, within an
outer limit of three months.
(c) Pass any other order that this Hon'ble Court may
deem fit in the interest of justice and equity."
2. Petitioner is the wife and respondent is her husband. The
two got married on 10.04.2015. The relationship between two
appears to have turned sour and on such turning sour, the
petitioner has preferred M.C.No.4049/2021. What has driven
the petitioner to this Court is unnecessary adjournments being
granted in the matter by the concerned Court and not
concluding the proceedings within a reasonable period.
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Therefore, the prayer that is sought is for early disposal of
M.C.No.4049/2021.
3. Since the prayer is innocuous, the notice to the husband
need not be issued.
4. In the light of the averments made in the petition, the
parties to restructure their matrimonial dispute as was directed
by this Court should be concluded as expeditiously as possible.
The co-ordinate Bench of this Court in W.P.No.4769/2023 has
held as under:
"The short grievance of the petitioner is as to the
long pendency of his matrimonial case in M.C. No.
2514/2016 wherein he has sought for a decree for the
dissolution/nullity of marriage, qua the respondent, on fault
grounds. Learned counsel for the petitioner submits that
the right to speedy justice being recognized by the Apex
Court as a constitutional guarantee under Article 21, a
direction is to be issued for the expeditious disposal of the
said case.
2. Notice to respondent spouse is dispensed with
since no order adverse to her interest is being made and
further she will have full opportunity of participation in the
trial of the subject case at the hands of the court below.
Added, she too will have the advantage of early disposal.
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3. Having heard the learned counsel for the
petitioner and having perused the Petition Papers, this
Court is broadly in agreement with the proposition that the
matrimonial causes should be tried & disposed off on a war
footing, at least as a concession to the shortness of human
life. It was Thomas Carlyle (1795-1881), a British historian
of great repute who had said:"Life is too short to be little".
When a matrimonial case involves the prayer for the
dissolution/nullity of marriage, courts should make all
efforts to try & dispose off the same within an outer limit of
one year, so that in the event of granting such a decree,
the parties may restructure their lives. It hardly needs to
be stated 'life is lost in living'. Delay in disposal of such
cases very badly affects the parties thereto, needs no
deliberation.
4. In the above circumstances, learned Family Court
Judge is requested to accomplish the trial & disposal of the
subject seven year old case preferably within an outer limit
of three months, all contentions having been kept open.
5. The Registrar General of this court is instructed to
circulate this judgment in all the concerned circles so that
other similarly circumstanced litigants may not
unnecessarily knock at the doors of this court seeking a
direction for the expeditious disposal of their cases.
6. Registry to send a copy of this judgment to the
respondent-wife by Speed Post, immediately."
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5. In the light of the petition pending before the concerned
Court for the last 2½ years, the concerned Court is directed to
conclude the proceedings within six months from the date of
receipt of copy of this order, if not earlier.
6. It is needless to observe that the parties shall co-operate
for closure of the proceedings as is directed.
Sd/-
JUDGE
kcm
