IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.29781 OF 2013 (GM – FC) BETWEEN:
NASIR AHAMED S/O LATE NAZEER AHAMED AGED ABOUT 29 YEARS MECHANIC BY PROFESSION RESIDING AT ANAGODU VILLAGE DAVANAGERE TALUK – 577 002.
(BY SRI.H.KANTHARAJA, ADVOCATE - ABSENT) AND:
ZAKYA SIDDHIKA W/O NASIR AHAMED AGED ABOUT 24 YEARS RESIDING AT C/O THABRIJ SOCIAL WORKER AND ALSO R/O ADARANGI VILLAGE KUDUR HOBLI, MAGADI TALUK RAMANAGAR DISTRICT – 571 511.
(BY SRI.A.C.PATIL, ADVOCATE - ABSENT) …PETITIONER …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.03.2013 PASSED ON I.A.NO.III FILED BY THE RESPONDENT IN OS NO.6/12, BY THE JUDGE THE FAMILY COURT AT DAVANAGERE WHICH IS AT ANNEXURE – F AND ETC., 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 parties.
2. Petition is admitted for hearing.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 30.03.2013 by which application filed by respondent under Section 151 of Code of Civil Procedure, 1908, has been allowed and the petitioner is directed to pay a sum of Rs.4,000/- per month as maintenance to the respondent.
4. A bench of this Court by ad-interim order dated 18.07.2013, has directed the petitioner to pay a sum of Rs.3,000/- per month towards maintenance by fifth of every month to the respondent. The aforesaid order has remained in force for a period of 5½ years. The proceedings seeking dissolution of marriage was initiated before Family Court in the year 2012. Therefore, at this point of time, I am not inclined to adjudicate the validity of the order passed by the Family Court dated 30.03.2013 and I deem it appropriate to dispose of the petition with a direction to the Family Court that in case the proceeding before it is still pending, the Family Court shall make an endeavour to conclude the same preferably within a period of three months if not already concluded from the date of receipt of a certified copy of the order passed today.
5. Office is directed to transmit the copy of this order to the concerned Family Court. Till the proceedings are concluded by the Family Court, the ad- interim order granted by the bench of this Court on 18.07.2013, shall continue.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE HJ