High CourtsSingle Bench(2023) 09 KAR CK 0006

Munal Santra vs Sonam Dutta

Karnataka High Court · Decided on 1 September 2023

HON’BLE JUDGES
Krishna S Dixit, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 8683 Of 2022 (GM-FC)

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Judgment

5 paragraphs · 213 words

Krishna S Dixit, J

1.

The subject matter of this Writ Petition is substantially similar to the one in W.P.No.14769/2023 (GM-FC) between SRI. N RAJEEV vs. SMT. C DEEPA, disposed off by this Court on 26.07.2023 directing disposal of M.C.No. 5779/2018 pending on the file of Family Court below within a period of one month. The relief granted to the litigant in the cognate Petition needs to be extended to the Petitioner herein on the principle of parity of course, subject to admissible variation.

2.

The Division Bench of this Court in W.A.Nos. 932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE  OF  KARNATAKA  BY  ITS  COMMISSIONER  & SECRETARY disposed of on 11.12.1974, has held that the Court should treat the like-cases alike and if relief is granted to a litigant it has to be extended to a similarly circumstanced litigant as well, there being no derogatory circumstances.

In view of the above, this Writ Petition is disposed off requesting learned III Addl. Principal Family Court Judge at Bengaluru, to dispose off the subject matrimonial cause i.e., M.C.No.4679/2021 within an outer limit of one year. All contentions are kept open.

The Registry shall send a copy of this judgment to the Respondent-wife and to the learned judge of the Court below through Speed Post, immediately.