IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.31564/2018 (GM-FC) BETWEEN:
MRS. DEEPA H.C. W/O. KIRAN M.B.
D/O. CHIKKALINGAIAH AGED ABOUT 39 YEARS R/AT NO.234, 5TH B MAIN ROAD OPP. TO POLICE STATION KALYANANAGARA BENGALURU – 560 058 … PETITIONER (BY SMT.AKSHA KEERTHANA, ADVOCATE FOR SRI KEMPARAJU, ADVOCATE) AND:
MR.KIRAN M.B. S/O. K.BASAVARAJU AGED ABOUT 44 YEARS R/AT NO.253/43/173 2ND MAIN ROAD OPP. LAGGERE BRIDGE KEMPEGOWDA LAYOUT BENGALURU – 560 058 … RESPONDENT (BY SMT.H.V.VASANTHALAKSHMI, ADVOCATE [ABSENT]) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ENHANCE THE INTERIM MAINTENANCE AS PER ORDER DATED 28.05.2018 IN M.C.1149/2016, PASSED BY III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU AS PER ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt. Aksha Keerthana, learned counsel for Sri Kemparaju, learned counsel for the petitioner.
This Court had passed the order dated 21.08.2019 that in case no appearance is made on behalf of the respondent on the next date of hearing, suitable order shall be passed. None appeared on behalf of the respondent even today.
2. Records perused.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 28.05.2018 passed by the Family Court whereby a sum of Rs.4,000/- per month has been awarded towards maintenance to the petitioner/wife on an application under Section 24 of the Hindu Marriage Act.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner may be granted liberty to file an application before the Family Court seeking enhancement of the amount of maintenance along with the documents evidencing the income of the respondent and that the Family Court may be directed to decide the application in a time bound manner.
5. In view of the aforesaid submission, the writ petition is disposed of with liberty as sought for. In case, the petitioner files an application seeking enhancement of the amount of maintenance along with the documents evidencing the income of the respondent, the Family Court shall decide the aforesaid application after affording an opportunity of hearing to the parties by a speaking order within a period of one month from the date of receipt of a certified copy of this order.
Sd/- JUDGE hkh.