Ms. Subha Gangwar vs Mr. Abhinawa Sachan
2024 Latest Caselaw 26799 Kant

Karnataka High Court

Ms. Subha Gangwar vs Mr. Abhinawa Sachan on 8 November, 2024

                                             -1-
                                                        NC: 2024:KHC:45133
                                                     WP No. 29573 of 2024




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 8TH DAY OF NOVEMBER, 2024
                                           BEFORE
                           THE HON'BLE MR JUSTICE ASHOK S.KINAGI
                          WRIT PETITION NO. 29573 OF 2024 (GM-FC)


                   BETWEEN:

                   MS. SUBHA GANGWAR
                   W/O MR. ABHINAW SACHAN
                   AGED ABOUT 35 YEARS, RESIDING AT: B-203,
                   KRISHVI DHAVALA, NEXT TO GEAR SCHOOL,
                   DODDAKANALLI,
                   SARJAPUR ROAD, BENGALURU-560035.
                                                              ...PETITIONER
                   (BY SRI. NAGARAJ R., ADVOCATE)


                   AND:

                   MR. ABHINAW SACHAN
                   S/O MR. VIJAY PAL SACHAN
                   AGED ABOUT 43 YEARS
                   RESIDING AT: B-302, THIRD FLOOR,
Digitally signed
by BELUR           TOWER B, BLOCK A,
RANGADHAMA         BREN PADDINGTON LANE BESIDES
NANDINI
Location: HIGH
                   MOTHERHOOD HOSPITAL, OPPOSITE TOTAL MALL,
COURT OF           SARJAPUR MAIN ROAD, BENGALURU-560103.
KARNATAKA                                                 ...RESPONDENT
                        THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
                   THE CONSTITUTION OF INDIA, 1950, READ WITH SECTION
                   151 OF THE CPC,1908 PRAYING TO DIRECT THE PRINCIPAL
                   JUDGE, FAMILY COURT, AT BENGALURU TO DISPOSE OF
                   M.C.NO. 3174/2018 (ANNX-A) WITHIN A TIME PERIOD
                   PRESCRIBED BY THIS HON'BLE COURT CONSIDERING THE
                   FACTS AND CIRCUMSTANCES OF THE CASE.
                                -2-
                                             NC: 2024:KHC:45133
                                         WP No. 29573 of 2024




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

CORAM:    HON'BLE MR JUSTICE ASHOK S.KINAGI

                          ORAL ORDER

This petition is filed seeking for a mandamus directing

the Trial Court to expeditiously dispose of the proceeding which

is pending consideration before the Principal Judge, Family

Court, Bengaluru in M.C.No.3174/2018.

2. The brief facts as to the filing of this writ petition

are as under:

It is the case of the petitioner that the petitioner has

filed a petition for dissolution of marriage and grant of

permanent alimony on the file of the Principal Judge, Family

Court, Bengaluru in M.C.No.3174/2018. It is stated that Family

Court is not taking up the matter, hence, on this ground prays

to issue a direction to the Trial Court to dispose of the

proceedings expeditiously.

3. Heard the learned counsel for the petitioner.

4. Learned counsel for the petitioner submits that

though the petition was filed in the year 2018, there is no

NC: 2024:KHC:45133

progress in the proceeding and the Trial Court may be directed

to dispose of the petition.

5. Perused the records and considered the

submissions of the learned counsel for the petitioner.

6. Admittedly, petitioner has filed the petition in the

year 2018. From the perusal of the order sheet, it is clear that

respondent has appeared before the Family Court and there is

progress in the case. As the petition is filed in the year 2018

and several cases are pending before the Family Court, Family

Court is required to give preference to old cases. A direction

cannot be issued to the Trial Court to dispose of the

proceedings and the said view is supported by the Judgment of

the Hon'ble Division Bench in N HARISH vs STATE OF

KARNATAKA (Writ Appeal No.1261/2018 disposed of on

12.06.2018). Accordingly, I do not find any legal right to issue

a mandamus.

Hence, writ petition is dismissed.

Sd/-

(ASHOK S.KINAGI) JUDGE

BRN