IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.16556 OF 2014 (GM-FC) BETWEEN:
SMT. K. VANI GIRISH W/O. K.N. GIRISH AGED ABOUT 32 YEARS C/O. K. SATHYANARAYANAGUPTA HOSUR, GOURIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561 210. ... PETITIONER (BY SRI B.L. NANDA KUMAR, ADV. - ABSENT) AND:
SRI K.N. GIRISH S/O. P.V. NAGARAJ SETTY AGED ABOUT 40 YEARS GENERAL MERCHANT MANDIPET RAMANAGARAM-562 159. … RESPONDENT (BY SRI N.P. KALLESH GOWDA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS OR DIRECTION OR ANY OTHER WRIT BY MODIFYING THE ORDER DATED 28.02.2014 AT ANNEX-D PASSED IN H.C.1990/2013 BY THE 4TH ADDL. FAMILY COURT, BENGALURU AND ENHANCE THE INTERIM MAINTENANCE AMOUNT OF RS.10,000/- PER MONTH TO RS.60,000/- AS PRAYED IN THE APPLICATION AND THE LITIGATION EXPENSES FROM 10,000/- TO 3,00,000/-.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the petitioner.
Sri N.P. Kallesh Gowda, learned counsel for respondent.
The writ petition is admitted for hearing and the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 28.02.2014 passed by the Family Court, by which the Family Court has allowed the application filed by the petitioner under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short) and has directed the respondent to pay a sum of Rs.10,000/- per month towards interim maintenance and Rs.10,000/- towards litigation expenses.
3. This writ petition is pending before this Court since, 2014, in which no interim order has been passed. The proceeding under Section 13 i(a) and (b)of the Act was initiated by the respondent before the Family Court in the year, 2010. Therefore, at this point of time, I am not inclined to adjudicate the validity of the order dated 28.02.2014. Accordingly, the writ petition is disposed of with the direction to the concerned Family Court to conclude the proceeding pending before it, if not already concluded within a period of four months from the date of receipt of certified copy of the order passed today.
Office is directed to transmit a copy of this order to the concerned Family Court.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST