IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.35674 OF 2018 (GM-FC) BETWEEN:
Kunal Sen Aged about 36 years, S/o. Mr. Bipin Kumar Sen, R/at. #392, 9th Floor, Block/Wing 3, DSR Woodwinds, Doddkannelli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru – 560 035.
… Petitioner (By Sri. Shyam Sunder Bajpekar, Advocate) AND:
Sonali Mukherjee, Aged about 36 years, W/o. Mr. Kunal Sen, R/at.#392, 9th Floor, Block/Wing 3, DSR Woodwinds, Doddakannelli Village, Varthur Hobli, Bengaluru East Taluk, Bengaluru - 560 035.
… Respondent (By Sri. Ayan Tika Mondal, Advocate (Absent)) This Writ Petition is filed under Article 227 of the Constitution of India, praying to call for records of M.C.No.4171/2016 from Hon’ble Court of III Additional Family Judge and allow this petition and to set aside the order passed by the III Additional Family Judge, Bengaluru dated 30.05.2018 in M.C.No.4171/2016 produced as Annexure–A etc., This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER Sri. Shyam Sunder Bajpekar, learned counsel for the petitioner.
None for the respondent. None had appeared on behalf of the respondent on 31.07.2018 also. Thereupon, this Court had directed that in case no appearance is made on behalf of the respondent on the next date of hearing, appropriate order shall be passed.
Record perused.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 30.05.2018 by which the family Court has directed the petitioner to pay a sum of `30,000/- per month on an application under Section 24 of the Hindu Marriage Act, 1955.
3. When the matter was taken up today, learned counsel for the petitioner has invited the attention of this Court to the interim order dated 25.10.2018 and has submitted that a Bench of this Court by the aforesaid order has directed the petitioner to pay a sum of `15,000/- per month to the respondent.
4. In view of the aforesaid submission and taking into account the fact that the proceedings initiated by the petitioner under Section 13 of the Act are pending before the family Court since 2016 and in view of the provisions contained in Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005, I deem it appropriate to dispose of the writ petition with a direction to the family Court to conclude the proceedings expeditiously preferably within a period of six months from the date of receipt of certified copy of the order passed today.
5. Needless to state that the parties shall co-operate with the family Court for early disposal of the proceedings and shall not seek unnecessary adjournments. Till the proceedings are disposed of, ad-interim order dated 25.10.2018 passed by this Court shall continue.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-