3 min readNew DelhiUpdated: Sep 22, 2026 05:49 PM IST
The Karnataka High Court has directed a family court in Bengaluru to finish a divorce case that has been pending since 2007 within two months, noting that both the husband and wife had been absent on several occasions during the long-running litigation.
Justice Lalitha Kanneganti noted that the couple, now aged 64 and 61, have been fighting the divorce case for nearly two decades. She also warned the couple that “exemplary costs” would be imposed if either spouse approached the high court again with the intention of delaying the case.
The court was hearing a plea filed by the wife challenging a January order of the family court in Bengaluru which dismissed her application challenging the divorce proceedings.
“This matter, being the oldest matter i.e. … of 2007. If any of the parties (couple) approach this court by filing a writ petition with the intention of dragging on the matter, exemplary costs will be imposed,” the September 17 order held.
Filed for divorce in 2007
The husband filed the divorce case in 2007, but it was later dismissed over default (failure to appear/proceed). The case was later restored, after which several other orders were passed by the high court. Finally, in July 2024, the high court directed the family court to pass appropriate orders in the pending divorce case within two weeks.
When the case was listed for judgment, the wife filed applications challenging the proceedings. The family court dismissed those applications through a detailed order. The wife then approached the high court challenging the family court’s decision. The man was represented by advocate V B Shivakumar, while the wife appeared in person before the court.
‘Chequered history’
The court noted that the divorce case had a “chequered history”. “However, considering the age of the parties (couple), the manner in which the litigation is being fought, and also looking at the order sheet, where equally both the petitioner and the respondent (wife and husband) were absent on several occasions, and noting that the petitioner is a party in person. In these circumstances, this court deems it appropriate to set aside the order,” it said and cancelled the family court’s order and allowed the wife’s application.
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It directed the family court to dispose of the divorce case within two months. The court further said that if either spouse did not cooperate with the proceedings, the family court should move on to the next step without granting an adjournment.
It also directed the family court to prepare a schedule on September 21, with dates for the proceedings spread across the following two months. The high court warned that if either party approached it again by filing a writ petition with the intention of prolonging the matter, “exemplary costs will be imposed.”
