Karnataka High Court
Mrs. Gousiya Begum vs Mr. Abdul Sattar on 23 September, 2023
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NC: 2023:KHC:34682
WP No. 18627 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.18627 OF 2023 (GM-FC)
BETWEEN:
MRS. GOUSIYA BEGUM
W/O. MR. ABDUL SATTAR
ARKALGUD SAMI
AGED ABOUT 37 YEARS,
ADDRESS AT:NO.33, 1ST CROSS
NG PALYA, BTM 1ST STAGE
BENGALURU - 560 029
KARNATAKA. ... PETITIONER
(BY SRI MURTUZA ALI BAIG & OMRAN KHAN, ADVOCATES)
AND:
MR. ABDUL SATTAR
ARKALGUD SAMI
S/O. MR. SAMI AHMED
AGED ABOUT 42 YEARS,
ADDRESS AT:219, NEAR QUBA MASJID,
Digitally signed by UDAYAGIRI 2ND STAGE
MAHALAKSHMI B M
MYSORE - 570 019.
Location: HIGH
COURT OF KARNATAKA. ... RESPONDENT
KARNATAKA
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTION TO
EXPEDITE THE PROCEEDINGS, ON THE FILE OF G & WC 182/2022
PENDING BEFORE THE HON'BLE VI ADDL. PRL. JUDGE FAMILY
COURT, BENGALURU AS VIDE ANNEXURE-A; TO DISPOSE OF THE
MATTER IN 4 MONTHS OR IN A TIME BOUND MANNER BY
SAFEGUARDING THE INTEREST AND WELFARE OF THE MINOR CHILD
WHO IS AGED ABOUT (5 YEARS).
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:34682
WP No. 18627 of 2023
ORDER
The petitioner in this petition is seeking a direction to expedite the proceedings in G & WC No.182/2022, on the file of VI Addl. Prl. Judge, Family Court, Bengaluru.
2. Since the prayer is to the limited extent of expediting the proceedings in G & WC No.182/2022, notice to the respondent is dispensed with.
3. The petitioner, who is the wife of respondent filed G & WC No.182/2022 seeking the following prayers:
a. Pass an order declaring the petitioner as the guardian of Khadija Mariam and Omar Mohammed;
b. Pass an order of permanent injunction restraining the respondent and family members from forcibly removing the children from the care and custody of the petitioner; -3-
NC: 2023:KHC:34682 WP No. 18627 of 2023 c. Any other order this Hon'ble Court deems fit in the light of current circumstances in the interest of justice and equity.
4. Heard learned counsel for the petitioner.
5. Learned counsel for the petitioner would submit that,, though the petition is filed by the wife in the year 2022, the respondent has chosen to file his objections only on 25.03.2023 and would contend that the respondent, in one way or the other, is delaying in deciding the child custody matter. Learned counsel for the petitioner would submit that as per Rule 3(a) of the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005 ("Rules" for short), the child custody case comes under Track-I and as per sub-rule (2) of Rule 3, custody case should be disposed of within nine months from the date of filing the petition, inspite of which, the proceedings have been delayed for more than two years and the petitioner has been separated from her child since 2021. -4-
NC: 2023:KHC:34682 WP No. 18627 of 2023
6. The categorization of suits and other proceedings have been scheduled under Rule 3 of the said Rules and the relevant rule reads as under:
"3. Categorisation of suits and other proceedings.- (1) The Presiding Officer of the Court shall categorise the suits and proceedings in his Court into Track-I. Track-II. Track-III and Track- IV.
(a) Track-I: (1) Maintenanc,. (2) Child Custody, (3) Appointment of guardian and wards, (4) Visiting rights. (5) Letters of Administration, (6) Succession Certificate, (7) Recovery of Rent, (8) Permanent injunction.
(b) Track-II: (1)Execution cases, (2) Divorce, (3) Ejectment.
(c) Track-III: (1) Partition, (2) Declaration, (3) specific performance, (4) Possession, (5) Mandatory Injunction, (6) Appeals, (7) Damages, (8) Easements, 9) Trade marks, Copy Rights, Patents, (10) Intellectual Property Rights.
(d) Track-IV: Such other matters not included in Track-I to III shall be posted in Track-IV.-5-
NC: 2023:KHC:34682 WP No. 18627 of 2023 (2) The Presiding Officer shall endeavor to dispose of the cases in Track-I within 9 months, the cases in Track-II within 12 months and the cases in Track-III and IV within 24 months from the date of appearance or deemed appearance of defendant- respondent."
7. In cases of custody matter, where the custody of a child is involved, the welfare of a child would be of a paramount concern. In the present case, since the child is aged about five years and having separated from the mother and in light of Rule 3(a) of the said Rules, the Family Court ought to have disposed the custody matter at the earliest, but not later than nine months from the date of filing of the petition. In the normal circumstances, this Court would not have issued any direction to the Family Court. However, in light of the peculiar facts and circumstances stated supra, this Court is of the opinion that, necessary direction be issued to the Family Court to expedite the hearing of G & WC No.182/2022. -6-
NC: 2023:KHC:34682 WP No. 18627 of 2023
8. In view of the said circumstances, this Court pass the following:
ORDER
(i) The Principal Judge, Family Court is requested to dispose of the matter as expeditiously as possible, but not later than three months, keeping in view the concern and interest of the child.
(ii) The parties shall co-operative with the matter for early disposal of G & WC No.182/2022 With the aforesaid observation, the writ petition stands disposed of.
Sd/-
JUDGE S*