IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.49545/2016 (GM -FC) BETWEEN:
MR. ARUN ANTONY DOMINIC PINTO S/O ALWYN PINTO AGED ABOUT 41 YEARS R/A LALBAGH APARTMENTS ID, LALBAGH MANGALURU-575006.
(BY SRI.ARUNA SHYAM. M, ADV.) AND:
MR. BERNADETTE PINTO NEE D' SOUZA W/O MR. ARUN ANTONY DOMINIC PINTO D/O MR. GEORGE VALINTINE AGED ABOUT 40 YEARS R/A ‘MIRABLE’ SULTHAN BATHERI ROAD BEHIND MADHAVA NAYAK’S COMPOUND URVA, MANGALURU-575006.
... PETITIONER ... RESPONDENT (BY SRI.M.SUDHAKAR PAI, ADV. ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.08.2016 PASSED IN M.C.188/2016 BY THE COURT OF THE FAMILY JUDGE D.K., MANGALURU VIDE ANNEX-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Aruna Shyam.M, learned Counsel for the petitioner.
Mr. M.Sudhakar Pai, learned Counsel for the 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 26.08.2016 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.25,000/- as maintenance.
3. I have heard the learned counsel for the parties.
4. This writ petition is pending before this Court since 2016, in which an interim order has been passed on 8.12.2016 by a Bench of this Court. The petitioner is paying a sum of Rs.15,000/- in compliance of the aforesaid interim order. It is stated at the Bar that the proceedings seeking divorce in M.C.No.188/2016 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 26.08.2016, 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.188/2016 within a period of six 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 8.12.2016 shall continue.
Accordingly, the petition is disposed of.
Sd/- JUDGE ln.