IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.41855 OF 2016 (GM-FC) BETWEEN:
R.D. MAHADEV AGED ABOUT 42 YEARS S/O. LATE RAMAIAH ADHUR VILLAGE INDLAWADI POST KASABA HOBLI ANEKAL TALUK-562 106 BANGALORE URBAN DISTRICT. …PETITIONER (BY SRI G. MANIVANNAN, ADV. - ABSENT) AND:
1. V.M. NANDHINI AGED ABOUT 40 YEARS W/O. R.D. MAHADEV D/O. N. VENKATAPPA 2. SRUJITHA AGED ABOUT 19 YEARS D/O. R.D. MAHADEV BOTH RESIDING AT NO.918 III MAIN ROAD, II PHASE ‘D’ BLOCK, RAJAJI NAGAR BANGALORE-560 010. …RESPONDENTS (BY SRI D.R. SUNDARESH, ADV. FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WP AND SET ASIDE THE ORDER DATED 07.01.2016 IN C.MISC.NO.191 OF 2013 PASSED BY THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE BY ALLOWING IA NO.2 IN GRANTING MAINTENANCE TO THE RESPONDENTS AT ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appear for the petitioner.
Sri D.R. Sundaresh, learned counsel for respondents No.1 and 2.
2. Heard the learned counsel for respondents No.1 and 2 on the question of admission and perused the records.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 07.01.2016 passed by the V Additional Principal Judge, Family Court Bangalore, by which the petitioner herein has been directed to pay a sum `.2,000/- each to the respondents No.1 and 2 from the date of the application.
4. This writ petition is pending before this Court since from the year 2016 and no interim order has been passed. The proceeding seeking maintenance was initiated by the respondents in the year 2013, which is pending before the Family Court for the past five years. In the fact situation of the case, instead of adjudicating the validity of the order dated 07.01.2016, I deem it appropriate to dispose of the writ petition with a direction to the Family Court, Bangalore to expeditiously conclude the proceeding pending before it, preferably within a period of three months from the date of receipt of certified copy of the order passed today, if not already concluded.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST