Case Note & Summary
The petitioner, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the III Additional Principal Judge, Family Court, Bangalore to expedite and dispose of M.C. No.5194/2023, a divorce petition filed in 2023, within six months. The High Court, after examining the order sheet, found that the trial court was making diligent efforts, including imposing costs for delays and scheduling multiple hearings. The Court held that High Courts cannot routinely issue directions fixing time limits for disposal of cases unless specific grounds like lack of diligence or unreasonable adjournments are established. The petitioner failed to provide necessary particulars such as date of filing, service time, court pendency, and nature of cases. The Court emphasized judicial autonomy, stating that Presiding Officers are not subordinate employees and excessive supervision can be counterproductive. The writ petition was dismissed as devoid of merits.
Headnote
The High Court of Karnataka dismissed a writ petition seeking directions to expedite divorce proceedings, holding that the trial court was diligently handling the case and that High Courts cannot routinely fix time limits for disposal of matters without specific grounds -- The Court emphasized judicial autonomy and the need for parties to provide specific particulars when seeking such relief -- The judgment outlined principles regarding the High Court's supervisory role over district judiciary, distinguishing between legitimate intervention and excessive control.
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Issue of Consideration: The Issue of whether the High Court should issue directions to the trial court to expedite and dispose of the divorce case within a fixed time frame
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Final Decision
The writ petition was dismissed as devoid of merits, with no directions issued to the trial court
2026 LawText (KAR) (01) 20
Writ Petition No. 1230 of 2026 (GM-FC)
Dr. Chillakur Sumalatha J.
Sri Mukund Prasad, Sri Paul Frederick
S. Bharath @ S. Mohan Kumar
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Nature of Litigation: Writ petition under Articles 226 and 227 of the Constitution of India seeking directions to expedite divorce proceedings
Remedy Sought
The petitioner sought a writ of Mandamus or appropriate writ directing the Family Court to expedite and dispose of M.C. No.5194/2023 within six months
Filing Reason
Dissatisfaction with the pace of divorce proceedings pending since 2023
Previous Decisions
The Family Court had imposed costs for delays, scheduled multiple hearings, and disposed of interlocutory applications including a maintenance petition
Issues
Whether the High Court should issue directions to the trial court to expedite and dispose of the divorce case within a fixed time frame
Submissions/Arguments
The petitioner's counsel argued that the divorce petition filed in 2023 was still pending and sought time-bound disposal -- The Court examined the order sheet and found the trial court was diligent, with no evidence of lethargy
Ratio Decidendi
High Courts cannot routinely issue directions fixing time limits for disposal of cases by trial courts unless specific grounds like lack of diligence or unreasonable adjournments are established -- Judicial autonomy must be respected, with Presiding Officers having freedom to manage their courts within legal bounds -- Parties seeking such relief must provide specific particulars about the case and court circumstances
Judgment Excerpts
High Court cannot give directions to the trial Courts in each and every case fixing time limits for disposal of matters -- In case where the particular Court is found not diligent in granting time or is granting adjournments without reasons, then definitely the High Court can interfere -- For granting such a relief to direct the trial Court to dispose of the matter fixing time limit, it is incumbent on part of the party who seeks such a relief to place before this Court the following particulars -- High Courts exercising writ jurisdiction can never be taken to be the managers of District Judiciary -- Presiding Officers of Courts are not subordinate employees -- This Court holds that the writ petition is devoid of merits
Procedural History
The petitioner filed M.C. No.5194/2023 in 2023 seeking divorce -- The Family Court imposed costs for delays on 30.03.2024 and conducted multiple hearings on dates including 22.04.2024, 20.08.2024, 14.11.2024 and 07.01.2025 -- Interlocutory applications including a maintenance petition were disposed of -- The writ petition was filed in 2026 seeking expedited disposal -- Notice to respondent was dispensed with by the High Court -- The petition was heard and dismissed on 21.01.2026
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