IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER 2017 BEFORE:
THE HON’BLE MR. JUSTICE G.NARENDAR R.P.F.C. NO.22/2017 BETWEEN T C CHANDRASHEKAR S/O T M CHIKKANNA AGED ABOUT 42 YEARS, OCCUPATION: ATTENDER, SRIDEVI DEGREE COLLEGE, SIRA ROAD, TUMAKURU-572101 PRESENT ADDRESS:
C/O T M CHIKKANNA NO.1877, ‘SRI BHEERESHWARA KRUPA’, BEHIND AMBEDKAR NAGAR, BHEEMASANDRA, TUMAKURU CITY-72101. ... PETITIONER (BY SRI. S V PRAKASH, ADV.) AND L D HONNAMMA @ SUCHITHA W/O C. CHANDRASHEKAR C/O DODDAIAH, HOUSE WIFE, AGED ABOUT 37 YEARS, R/O RENUKAMBA NILAYA, KUMBARA GUNDI, NEAR AYAPPA SWAMY TEMPLE, SHIVAMOGGA-577201. ... RESPONDENT (BY SRI. SATEESH CHANDRA K V., ADV.) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURT ACT, AGAINST THE ORDER DATED: 12.05.2016 PASSED IN CRL.MISC.NO.100/2015 ON THE FILE OF THE PRL. JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING THE PETITION FILED UNDER SEC.125 OF CR.P.C, FOR MAINTENANCE.
THIS RPFC COMING ON FOR ‘ADMISSION’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned counsel for the respondent.
2. The petition is taken up for disposal at the admission stage as it lies on the narrow compass and it was canvassed on the short point of service of notice.
3. Learned counsel for the petitioner contends that the address furnished to the court below is an old address and that the petitioner has stopped residing therein, after 01.05.2015 and he would place on record a copy of the house warming invitation, which depicts the present address.
4. Learned counsel for the respondent would fairly submit that the matter could be remitted back to the trial Court for consideration afresh.
In the light of the submissions made by the learned counsel for the respondent, the petition is allowed, the order impugned is set aside and the matter is remitted back to the trial Court i.e., the family Court at Shivamogga for consideration afresh after affording opportunity to both the parties.
Both the parties shall not wait for any notice from the trial Court and they shall appear before the trial Court on 08.11.2017.
The petition stands disposed of.
Learned counsel for the respondent makes a plea that the trial Court be directed to dispose of the miscellaneous petition expeditiously at any rate within a period of three months from 08.11.2017. This Court is of the considered opinion that interest of justice would require early disposal of the same. Hence, the petitioner shall not seek for adjournment and shall be present before the Court on all dates of hearing and the trial Court shall endeavour to dispose of the Criminal Miscellaneous Petition preferred under Section 125 of the C.P.C., within a period of three months commencing from 08.11.2017.
Sd/- JUDGE CT-HR Ksm*