IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 23499 OF 2019 (GM-FC) BETWEEN:
SMT. LATHA SHYAMA RAJU W/O P. SHYAMARAJU, AGED ABOUT 50 YEARS PERMANENT RESIDENT OF R/AT NO.343, 4TH MAIN, SADASHIVANAGAR, BENGALURU - 560 080.
TEMPORARILY R/AT NO.312, OPPOSITE POST OFFICE, INDIRANAGAR, BENGALURU - 560 038.
... PETITIONER (BY SMT. PRAMILA M. NESARGI, ADVOCATE FOR SRI. HEMANTH KUMAR D., ADVOCATE) AND:
SRI. P. SHYAMA RAJU S/O LATE P.NARASARAJU AGED ABOUT 66 YEARS R/AT NO.343, 4TH MAIN, SADASHIVANAGAR, BENGALURU - 560 080.
... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED TRIAL COURT TO DISPOSE THE APPLICATION FILED BY THE PETITIONER IN I.A.NO.5 FILED ON 07.09.2015 SEEING FOR INTERIM MAINTENANCE, IN M.C.NO.2225 OF 2014 PENDING ON THE FILE OF PRINCIPAL JUDGE FAMILY COURT AT BENGALURU.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt. Pramila M. Nesargi, learned Senior Counsel for Sri Hemanth Kumar D., learned counsel for the petitioner.
2. Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia seeks for a direction to the Family Court to decide the application filed by the petitioner seeking interim maintenance, which is pending since 7.9.2015.
4. When the matte was taken up today, learned Senior Counsel for the petitioner submitted that despite lapse of more than 3½ years, till today the aforesaid application has not been decided.
5. Taking into consideration the submission made by the learned senior Counsel for the petitioner, the decision of the Family Court is invited to the Case Flow Management Rules framed by this Court wherein the family disputes require to be adjudicated on the parity basis.
6. In view of the aforesaid provision of Rules and in view of the fact that the application seeking interim maintenance is pending since 7.9.2015, the petition is disposed of with a direction to the Family Court to decide the application filed by the petitioner seeking interim maintenance by a speaking order within a period of three weeks from the date of receipt of certified copy of the order passed today.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, writ petition is disposed of.
Sd/- JUDGE SA Ct:sr