IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1316 OF 2019(GM-FC) BETWEEN:
ARUN KUMAR, S/O PANDURANGAPPA, AGED ABOUT 34 YEARS, R/AT PUTTAIANA KATTE (K.R.PURA) VILLAGE, ALURU POST, KASABA HOBLI, HIRIYUR TALUK, CHITRADURGA DISTRICT – 577 598.
... PETITIONER (BY SRI.SANGAMESHWARAIAH K., ADVOCATE) AND:
SMT. ARUNAMMA @ ARUNAVATHI, W/O ARUNKUMAR, AGED ABOUT 31 YEARS, R/AT ANJENEYA TEMPLE ROAD, “B” PART, VEDAVATHI NAGAR, HIRIYUR TOWN, CHITRADRUGA DISTRICT – 577 598.
... RESPONDENT (NOTICE ON RESPONDENT IS HELD SUFFICIENT VIDE ORDER DATED 12.07.2019) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE CIVIL JUDGE SR.DIVISION, HIRIYUR, ANNEXURE – D ON IA NO.3 IN M.C.NO.19/2017 DATED 02.11.2018 AND THE PETITIONER FILED THE ANOTHER PETITION UNDER SECTION 12[1] DOMESTIC VIOLENCE ACT, ANNEXURE – E IN C.MISC.NO.544/2017 HENCE IMPOSED THE FINE AMOUNT TO THE RESPONDENT ABOUT FILING THE DUAL PETITION AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Sangameshwaraiah.K, learned counsel for the petitioner.
2. In this petition, the petitioner inter alia has assailed the validity of the order dated 02.11.2018 passed by the Senior Civil Judge and JMFC, Hiriyur by which application filed by respondent wife under Section 24 of the Hindu Marriage Act, 1955 has been allowed and the petitioner has been directed to pay a sum of Rs.3,000/- per month by way of maintenance to the petitioner and two children born out of the wedlock and to pay a sum of Rs.10,000/- towards litigation expenses.
3. After arguing the matter to some extent, learned counsel for the petitioner submitted that petitioner had initiated the proceedings seeking restitution of conjugal rights in the year 2017 and the writ petition be disposed of with a direction to the Family Court, to conclude the same in a time bound manner.
4. In view of the aforesaid submission, the attention of Family Court is drawn to the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005, which provides that the matrimonial disputes should be decided within a period of one year.
5. In view of the aforesaid Rules and taking into account the fact that the matrimonial proceedings are pending since 2017, the family Court is directed to conclude the proceedings before it within a period of four months from today.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-