IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.56045 OF 2018 (GM-FC) BETWEEN:
ANAND VIJAY S/O. LATE VIJAY SASNUR AGED ABOUT 41 YEARS, PRESENTLY RESIDING AT 2266 FARMCREST ST. MILPITAS, CA 95035 USA PETITIONER IS REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER VIDYULLATA SASNUR. ... PETITIONER (BY SRI L.GOVINDARAJ, ADV. [ABSENT]) AND:
ROWENA PATRAO AGED ABOUT 40 YEARS, R/AT NO.005, BLOCK B ADARSH CRISTAL APARTMENTS OPPOSITE FRANK ANTHONY PUBLIC SCHOOL CAMBRIDGE LAYOUT BANGALORE-560 008. ... RESPONDENT (BY SMT. JAYNA KOTHARI, SR. ADV. FOR SRIYUTHS NITHYA RAJSHEKAR AND ROHAN KOTHARI, ADVS.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 03.11.2018 MADE ON IA NO.10 IN G & WC NO.29/2018 PASSED BY THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE [ANENXURE-G].
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appear for the petitioner.
Smt. Jayna Kothari, Senior Advocate for Sri Nithya Rajshekar and Sri Rohan Kothari for respondent.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 03.11.2018 on I.A.No.10 in G & W.C.No.29/2018, by which the III Additional Principal Judge, Family Court, Bengaluru in exercise of the powers under Section 12 of the Guardians and Wards Act, 1890 (hereinafter referred to as ‘the Act’ for short) has directed payment of maintenance of Rs.50,000/- each to the children born out of the wedlock.
3. When the matter was taken up for consideration today, learned counsel for the respondent has produced a copy of proceedings initiated in United States of America by the petitioner. The same is taken on record.
4. In paragraph No.27 of the aforesaid petition, it is averred that Georgia is now intended to be the home state of the minor children and it is the appropriate forum to address issues related to custody, child support and parenting time between the parties.
5. In view of the aforesaid subsequent event as well as in view of the fact that the respondent herself as stated by the learned counsel for the respondent has migrated to the United States of America along with the children and the petitioner has filed the aforesaid petition in the State of Georgia, nothing further survives for adjudication in this petition.
Accordingly, the petition is disposed of.
Sd/- JUDGE ST