IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE B. M. SHYAM PRASAD WRIT PETITION NO.4443 OF 2016 (GM - FC) BETWEEN Smt. M. S. Sudha W/o. Sri. B. G. Chandrashekharaiah Aged about 40 years Presently R/at C/o.Sri. Siddabasappa Ganesha Gudi Beedi Anagodu Village, Davanagere Taluk Davanagere District – 577556. ... Petitioner (By Sri. Shankar M. Naik, Advocate) AND Sri. B. G. Chandrashekharaiah S/o. late Sri. Sannasiddaiah Aged about 50 years Presently working as Senior Labour Inspector 19th Circle in the Labour Department Having the office at Karmika Bhavan ITI Campus, Bangalore Diary Circle Bannerghatta Road, Bangalore – 560029. Native of Basavanalu Village Anagodu Hobli, Davanagere Taluk Davanagere District – 577002 Current residential address Is not known. …. Respondent (By Sri. B. Keshava Kumar B, Advocate) This writ petition is filed under Articles 226 and 227 OF the Constitution of India praying to order for enhancement of interim maintenance of Rs.20,000/- (rupees Twenty Thousand only) per month, besides this the litigation expenses of Rs.50,000/- (rupees Fifty Thousand only) by modifying the impugned order dated 11.12.2015 passed by the learned Judge, Hon’ble Family Court, Davanagere in M.C.No.103/2015 on I.A. No.IV to meet the ends of justice with the facts and circumstances of the case and etc This writ petition coming on for preliminary hearing B group this day, the Court made the following:
ORDER None appears for the petitioner.
The petitioner has impugning the interim order dated 11.12.2015 in M.C.No.103/2015 on the file of Family Court Judge, Davanagere. The learned Family Court Judge by the impugned order has directed the respondent to pay an interim maintenance at the rate of Rs.2,500/- per month and litigation expenses at the rate of Rs.5,000/-.
2. The learned counsel for the respondent submits that during the pendency of this petition, the petition in M.C.No.103/2015 is allowed and the marriage between the petitioner and respondent is dissolved by a decree of divorce. The learned counsel for the respondent further submits that the petition would not survive for consideration because of the judgment and decree dated 08.09.2017 in M.C.No.103/2015.
In view of these submissions, the petition is dismissed as having become infructuous.
SD/- JUDGE SN/-