IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 54774/2016 (GM-FC) BETWEEN:
M. ASHOKA @ ASHWATNARAYANA S/O MADAIAH AGED ABOUT 42 YEARS, R/AT #59 BINNI MILL ROAD, 4TH CROSS BENGALURU-560 053.
(By Sri. PREMA KUMAR.A.L, ADV.-ABSENT) AND SMT K.S. LATHA AGED 36 YEARS, W/O M.ASHOKA @ ASHWATNARAYANA, R/AT #564, 1ST MAIN ROAD, NAGENDRA BLOCK BSSK 3RD STAGE, BANGALORE-560 085.
(By Sri.K.S.LATHA -RESPT SERVED ) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AN ORDER DATED 16.08.2016, M.C.3223/2014 PASSED BY THE FOURTH ADDL. PRL. JUDGE FAMILY COURT BANGALORE AWARDING A MAINTENANCE OF RS.8,000 ON I.A.2 VIDE ANNEX-E.
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.
In this petition under Article 227 of the Constitution of the India, the petitioner has assailed the validity of the order dated 16.8.2016 passed by the Family Court, Bangalore, by which a sum of Rs.8,000/- was granted to the respondent by way of maintenance.
2. A Bench of this Court while granting interim order dated 28.10.2016, had stayed the impugned order subject to the condition that the petitioner shall pay a sum of Rs.4,000/- per month to the respondent. The aforesaid interim order is in operation till today.
3. Taking into account the fact that proceeding under Section 12 of the Hindu Marriage Act, 1955 was initiated before the Family Judge in the year 2014 and the interim order dated 28.10.2016 is still in operation, at this point of time, instead of adjudicating the validity of the order impugned in this petition, I deem it appropriate to dispose of the writ petition with direction to the Family Court to conclude the proceeding pending before it, if not already decided, within a period of six months from today.
4. Accordingly, the writ petition is disposed of.
5. Till the proceedings are decided by the Family Court, ad-interim order granted by a Bench of this Court dated 28.10.2016 shall continue.
Registry is directed to transmit a copy of this order by FAX to the Family Court, forthwith.
Sd/- JUDGE ln.