IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.37938 OF 2016 (GM-FC) BETWEEN:
SMT JHUMA KARMAKAR W/O DHIMAN KARMAKAR AGED ABOUT 37 YEARS FLAT NO.402 4TH FLOOR BHIKSHU APARTMENT NO.16 2ND CROSS GOKULA 1ST STAGE 1ST PHASE HMT LAYOUT MATHIKERE BANGALORE – 560054. … PETITIONER (By Mr. ASHOK PATIL, ADV.) AND:
SRI DHIMAN KARMAKAR AGED ABOUT 37 YEARS FLAT NO.402 4TH FLOOR BHIKSHU APARTMENT NO.16 2ND CROSS GOKULA 1ST STAGE 1ST PHASE HMT LAYOUT MATHIKERE BANGALORE – 560054. … RESPONDENT (By Mr. CHANDRASHEKAR PATIL, ADV.) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order Dated 16.03.2016 at Annex-A passed by the Court of the V Addl. Principal Judge, Family Court at Bengaluru on I.A.3 in M.C.3927/2014 partly allowing the application filed by the petitioner under Sec.24 of the Hindu Marriage Act, 1956 and consequently allow the application seeking maintenance as prayed for, and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Ashok Patil, learned counsel for the petitioner.
Sri.Chandrashekar Patil, learned counsel for the respondent.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 16.03.2016 passed by the Family Court, by which a sum of `2,000/- per month has been granted as maintenance.
4. I have heard the learned counsel for the parties at length. The respondent is employed as a Software Engineer. In the proceeding before the Family Court seeking divorce which is pending since 2014 and in the instant proceeding, the evidence of the parties is being recorded. In the fact situation of the case, taking into account the status of the parties as well as the income of the respondent – husband being `50,000/- at the time of marriage, I deem it appropriate to direct that the respondent shall pay a sum of `5,000/- per month by way of maintenance to the petitioner from the date of application and since the proceeding before the Family Court is pending since 2014 and is at the stage of evidence, the Family Court shall make an endeavour to conclude the same within a period of four months from the date of receipt of certified copy of the order passed today.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV