IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.39138 OF 2017 (GM-FC) BETWEEN:
MR AJITH VYLON MARK RODRIGUES S/O ALBERT B RODRIGUES AGED ABOUT 41 YEARS R/AT FLAT NO B-3-201 ASHOKA PARADISE, HOIGE BAIL ROAD P O URWA MANGALURU – 575007 (DK) (BY MR. M SUDHAKAR PAI, ADV.) AND:
MRS MENDONZA SUNEERA HELOISE W/O MR AJITH VYLON MARK RODRIGUES D/O VINCENT APOLIN MENDONSA AGED ABOUT 36 YEARS R/AT NO.602, “HOSEA” DEEPA PARK APARTMENTS HAT HILL, MARTIN PAIS ROAD MANGALURU – 575006 (DK) (BY SMT DEEPASHREE, ADV. FOR C/R) … PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD:24.7.2017 ON I.A NO.IV IN MC NO.277/2016 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, D.K. MANGALURU (VIDE ANNEXURE-H TO THE WRIT PETITION) AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. M.Sudhakar Pai, learned Counsel for the petitioner.
Mrs. Deepashree, learned Counsel for the caveator-respondent.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, the petitioner has challenged the validity of the order dated 24.07.2017 passed by the Family Court on an application under Section 36 of the Divorce Act, by which the respondent- wife was awarded a sum of Rs.65,000/- as maintenance.
3. I have heard the learned counsel for the parties.
4. This writ petition is pending before this Court since 2017, in which an interim order has been passed on 31.08.2017 by a Bench of this Court. The petitioner is paying a sum of Rs.40,000/- in compliance of the aforesaid interim order. It is stated at the Bar that the proceedings seeking divorce in M.C.No.277/2016 instituted by the petitioner is at the stage of recording evidence of the parties.
5. For the aforesaid reasons instead of adjudicating the validity of the order dated 24.07.2017, I deem it appropriate to dispose of this writ petition with a direction to the Family Court to conclude the proceedings in M.C.No.277/2016 within a period of four months from the date of receipt of the certified copy of the order passed today.
Till the aforesaid proceeding is decided, ad-interim order granted by a Bench of this Court dated 31.08.2017 shall continue.
Accordingly, the petition is disposed of.
Sd/- JUDGE BNV