IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15601 OF 2014 (GM-FC) BETWEEN:
Smt.J.P.Hemalatha, W/o Jayaprakash, Age: 39 years, Residing at No.57, Skanda Nivas, 6th Cross, Ashrama Layout, RMV 2nd Stage, Geddalahally, Bengaluru – 560 094.
(By Sri.Joseph Anil Kumar.A, Advocate) AND:
Mr.Jayaprakash, S/o Sri.Ramachandran, Aged about 48 years, At Sri Mathanilaye, NO.15, 10th Cross, 7th Main, Muthyalamanagar, Bengaluru- 560 054.
Also at R Jayaprakash Senior Engineering Assistant Doordhashan Kendra Prasar Bharati Board Casting Corporation of India, … Petitioner J C Nagar, Bengaluru – 56 006.
… Respondent (By Smt.Kshama Nargund, Advocate for Smt.Sona Vakkund and Sri.M.B.Nargund, Advocates) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to enhance the maintenance amount as ordered by the Hon’ble VI Additional Family Court in M.C.No.1863/2013 passed as per the order dated 10.03.2014 vide Annexure-A from Rs.5,000/- to Rs.50,000/- in the interest of justice and equity.
This Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER Sri.Joseph Anil Kumar A, learned counsel for the petitioner.
Smt.Kshama Nargund, learned counsel for Smt.Sona Vakkund and Sri.M.B.Nargund, learned counsel for the 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 challenged the validity of the order dated 10.03.2014 passed by the Family Court on application under Section 24 of the Hindu Marriage Act, 1955.
3. When the matter was taken up today, learned counsel for the parties jointly submitted that the proceedings before the Family Court are pending since 2013 and is at the stage of cross- examination of respondent and the writ petition may be disposed of with a direction to the Family Court to conclude the proceedings expeditiously preferably within a period of four months.
4. In view of the aforesaid submissions and taking into account the fact that the proceedings before the Family Court are pending since 2013, I am not inclined to adjudicate the validity of order dated 10.03.2014. Accordingly, the writ petition is disposed of with a direction to the Family Court to conclude the proceedings expeditiously within a period of four months from the date of receipt of the certified copy of the order passed today.
Needless to state that the parties shall co- operate for the early conclusion of the proceedings and shall not seek any unnecessary adjournment.
Sd/- JUDGE dn/-