Karnataka High Court
WP/28725/2026 of NITHIN C S Vs MRS SUSHMA @ DEEKSHA B on 11 September 2026
CNR: KAHC010627852026 NC: 2026:KHC:49771 WP No. 28725 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 28725 OF 2026 (GM-FC) BETWEEN: NITHIN C.S. S/O SHIVARAM, AGED ABOUT 35
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 28725 OF 2026 (GM-FC)
BETWEEN:
NITHIN C.S.
S/O SHIVARAM,
AGED ABOUT 35 YEARS,
R/AT FARM HOUSE,
N BINDIGANAHALLI KAVAL,
DANDIGANAHALLI HOBLI,
AANEKERE POST,
CHANNARAYAPATNA TALUK,
HASSAN DISTRICT - 573 116.
…PETITIONER
(BY SMT. SONU S, ADVOCATE FOR
SRI. MAHENDRA G, ADVOCATE)
AND:
MRS. SUSHMA @ DEEKSHA B
W/O NITHIN C.S,
D/O D BASAVARAJU,
AGED ABOUT 30 YEARS,
R/AT NO.9, 19TH CROSS,
AGS LAYOUT, CHIKKALASANDRA,
BENGALURU - 560 061.
…RESPONDENT
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE III
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, TO DISPOSE
THE MC 3904/2024, (MC 34/2023) AS SOON AS POSSIBLE
WITH TIMELINE FIXED BY THIS COURT AS PER ANNEXURE-C.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally
signed by
SUVARNA T
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
The present writ petition is filed seeking the following prayer. “WHEREFORE, the Petitioners pray that this Hon'ble Court may kindly be pleased to:- (a) Issue a writ of Mandamus or any other order directing the III Additional Principal Judge, Family Court, to dispose (MC.34/2023) the MC 3904/2024, as soon as possible with timeline fixed by this Court as per annexure-C.
(b) Issue any other writ, order or direction as this Hon'ble Court deems fit and proper under the facts & circumstances of this case in the interest of justice and equity.”
2. Learned counsel appearing for the petitioner submits that the MC.34/2023 is transferred from Senior Civil Judge, Channarayapatna to III Additional Principal Judge, Family Court, Bengaluru. The original MC.No.34/2023 is filed in the year 2023 and after transfer to the Family Court, Bengaluru it is renumbered as MC.No.3904/2024. It is submitted that the respondent is not cooperating with the trial. Hence, there shall be a direction to the Family Court to dispose of the matter expeditiously.
HC-KAR
3. In the light of the Judgment of the Hon'ble Apex Court in the case of High Court Bar Association Allahabad Vs, The State Of Uttar Pradesh in Crl.A.No.3589/2023 dated 29.02.2024, this Court in every case cannot issue a writ of mandamus directing the trial Court to dispose of the matter for the sake of asking the same, unless and until there is an exceptional case, which warrants an order.
4. Considering the fact that the much older matters are pending, this Court is not inclined to issue any mandamus. Hence, this Court is passing the following:
ORDER
i. Accordingly, the writ petition is dismissed. ii. Pending IAs., if any, shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
BH List No.: 1 Sl No.: 6 *AK