IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27708 OF 2018(GM-FC) BETWEEN:
SMT.D.ANURADHA, AGED ABOUT 31 YEARS, D/O LATE MEDISETTY RAJANNA @ YARRIAH W/O SRI.KOTI SUNIL KUMAR R/AT BANDLADODDI VILLAGE, KEERAMANDA POST, BANGARUPALEM-MANDAL, CHITTOOR DISTRICT – 517 429 ANDHRA PRADESH.
… PETITIONER (BY MR. MANJUNATH G. KANDEKAR, ADV.) AND:
SRI.KOTI SUNIL KUMAR, S/O SRI.K.S.L.BENARJI, AGED ABOUT 34 YEARS, RESIDING AT:
DOOR NO.5, 1ST FLOOR, 1ST MAIN, NAGAPPA REDDY LAYOUT, RAMAMURTHY NAGAR, BENGALURU – 560 016.
… RESPONDENT (BY MR.K.MANOHARACHARI, ADV. FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN M.C.NO.4117/2016 ON THE FILE OF THE IV ADDL. PRL. JUDGE, FAMILY COURT AT BENGALURU; ALLOW THE WRIT PETITION AND PASS AN ORDER ENHANCING THE MAINTENANCE GRANTED BY THE FAMILY COURT IN ITS INTERIM ORDER DATED 16.02.2018 ON I.A.NO.5 VIDE ANNEXURE-A PASSED IN M.C.NO.4117/2016 ON THE FILE OF THE IV ADDL. PRL. JUDGE, FAMILY COURT AT BENGALURU AND ETC.
THIS WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Manjunath G. Kandekar, learned counsel for the petitioner.
Sri.K.Manohara Chari, learned counsel for caveator/respondent.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 16.02.2018 passed by the IV Additional Principal Judge, Family Court, Bengaluru by which a sum of Rs.10,000/- has been awarded in an application under Section 24 of the Hindu Marriage Act.
3. When the matter was taken up today, learned counsel for the parties jointly submitted that the proceedings seeking dissolution of marriage is pending since 2016. In view of the Rules framed by this Court, namely, Rule 21(a) of Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005 (hereinafter referred to as ‘the Rules’ for short), the Family Court is required to decide the proceedings expeditiously preferably within a period of one year from the date of institution.
4. It is also stated that the proceedings before the Family Court, Bengaluru are at the stage of cross- examination of PW1.
5. In view of aforesaid submission and in the light of the provisions made in Rules and as agreed to by learned counsel for the parties, the writ petition is disposed of with a direction to the Family Court, Bengaluru to conclude the proceedings pending before it within a period of four months from today.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-