IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.47782/2016 (GM-FC) BETWEEN PRAMOD KUMAR H M S/O MRUTHYUNJAYA.H.C AGED ABOUT 32 YEARS, R/AT NO.83, 2ND FLOOR 1ST STAGE, 5TH PHASE, 60 FEET ROAD, WEST OF CHORD ROAD, RAJAJINAGAR, BANGALORE-560 044. ... PETITIONER (BY SMT. NANDITA HALDIPUR, ADV.) AND BHUVANESHWARI M W/O PRAMOD KUMAR H.M AGED ABOUT 28 YEARS R/AT NO.235, 2ND STAGE, BCC BADAVANE, 9TH MAIN, 4TH CROSS, VIJAYANAGAR BANGALORE-560 040. ... RESPONDENT (BY SRI R SOMASUNDARA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.11.1.2016 PASSED BY THE HON'BLE V ADDL. FAMILY COURT, BANGALORE IN M.C.NO.2860/13 ON IA NO.IV AT ANNEX-A TO THE EXTENT OF DIRECTING THE PETITIONER TO PAY RS.2,000/- TO THE RESPONDENT FOR HER MAINTAINANCE ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt. Nandita Haldipur, learned counsel for the petitioner.
Sri.R.Somasundara, learned counsel for the respondent 2. The writ petition is admitted for hearing. With the consent of the parties, the matter is heard finally.
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 11.01.2016 passed by the V Additional Principal Judge, Family Court, Bengaluru by which a sum of Rs.2,000/- each has been granted to the respondent and the child who is born out of the wedlock.
4. When the matter was taken up for consideration today, learned counsel for the petitioner submits that the petitioner has already advanced the arguments and the case is fixed before the Family Court for arguments of the respondent-Wife. It is further submitted that the Bench of this Court by an order dated 27.09.2016 had granted an ad-interim order.
5. In view of the aforesaid submission and taking into account the facts of the case that the proceedings instituted by the respondent-wife has reached at the final stage, instead of adjudicating the validity of the order dated 11.01.2016, I deem it appropriate to dispose of the writ petition with a direction to the Family Court to conclude the proceedings pending before it initiated by the petitioner within a period of six weeks from today. Till proceedings before the Family Court are concluded, ad-interim order granted on 27.09.2016 by this Bench shall continue.
Accordingly, the petition is disposed of.
VM CT-HR Sd/- JUDGE