IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.4640 OF 2014 (GM-FC) BETWEEN:
SMT.ANNAPOORNA RAMENDAR W/O RAMENDAR NANJUNGUD AGED ABOUT 49 YEARS PERMANENTLY R/AT C/O GREEN CROSS INTERNATIONAL RTE DE FLORISSANT, 160A-PO BOX 80 CH-1231 CONCHES-GENEVA SWITZERLAND THROUGH HER GPA HOLDER B.VISHWANATH AGED ABOUT 77 YEARS S/O LATE B.SUBBA RAO R/AT NO.1247, “CHAITANYA”
6TH CROSS, J.P.NAGAR I PHASE BANGALORE-560 078 … PETITIONER (BY MS.B.G.NAYANA TARA, ADV. FOR SRI.G.L.VISHWANATH, ADV.) AND:
SRI RAMENDAR NANJUNGUD S/O N.R.RAMA RAO AGED ABOUT 47 YEARS R/AT NO.647, 7TH BLOCK, JAYANAGAR BANGALORE-560 082 … RESPONDENT (BY SMT.CHETHANA, ADV.- ABSENT) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED:18.01.2014 PASSED BY THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE IN MC NO.1873/2009 ON I.A. NO.8 VIDE ANNEXURE-F AND TO CONSEQUENTLY ALLOW THE SAID APPLICATION AS PRAYED AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt B G Nayanatara, learned counsel for the petitioner. None for the respondent.
2. In this petition under Articles 226 and 227 of the Constitution of India, petitioner has assailed the validity of the order dated 18.01.2014 passed by the Family Court in M.C.No.1873/2009.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the marriage of the parties has already been dissolved by a decree of divorce on 31.05.2018 as per the laws applicable to the parties. It is further submitted that since the marriage has already been dissolved by a decree of divorce, therefore parallel proceedings which are pending before the Family Court cannot continue.
4. In view of the aforesaid submission, writ petition is disposed of with liberty to the petitioner that in case petitioner files an objection with regard to maintainability of the proceedings pending before the Family Court, the Family Court shall decide the aforesaid application by a speaking order within a period of one month from the date of filing such application.
Accordingly, petition is disposed of.
Sd/- JUDGE brn