IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.15767 OF 2013 C/w.
WRIT PETITION NO.12658 of 2013 (GM-FC) IN WRIT PETITION NO.15767 OF 2013 BETWEEN:
SMT. RASHMI NAGENDRA SHESHA W/O. SRI. SHAURYA BABU SATHEESH NOW AGED ABOUT 35 YEARS R/AT C/O. SRI. K.S. NAGENDRA NO.105, 6TH MAIN, FIRST CROSS POSTAL COLONY SANJAYNAGAR BANGALORE-560 094. ... PETITIONER (BY SRI. N.P. KALLESH GOWDA, ADV. FOR SRI. B.G. SURYA KUMAR, ADV.) AND:
SRI. SHAURYA BABU SATHEESH S/O. DR. B. SATEESH BABU NOW AGED ABOUT 35 YEARS NO.239/10, ‘A’ CROSS BULL TEMPLE ROAD CHAMARAJPET BANGALORE-560 018. … RESPONDENT (BY SRI. RAGHAVENDRA K., ADV. - ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ENHANCE THE INTERIM MAINTENANCE BY MODIFYING THE ORDER DATED 19.04.2012 AT ANNEX-G, PASSED BY THE 3RD ADDL. FAMILY COURT AT BANGALORE ON I.A. NO.4 IN M.C.NO.202/2010 AND ENHANCE THE INTERIM MAINTENANCE AND THE LEGAL EXPENSES, BY ALLOWING THE I.A.NO.4 FILED BY THE PETITIONER IN ENTIRETY FROM THE DATE OF DESERTION OF THE PETITIONER BY THE RESPONDENT I.E., FROM 18.01.2009 OR IN THE ALTERNATIVE FROM THE DATE OF FILING THE PETITION FOR DIVORCE BY THE RESPONDENT.
IN WRIT PETITION NO.12658 OF 2013 BETWEEN:
SRI. SHAURYA BABU SATHEESH S/O. DR. B. SATEESH BABU NOW AGED ABOUT 34 YEARS NO.239/10, ‘A’ CROSS BULL TEMPLE ROAD CHAMARAJPET BANGALORE-560 018. ... PETITIONER (BY SRI. RAGHAVENDRA K., ADV. - ABSENT) AND:
SMT. RASHMI NAGENDRA SHESHA W/O. SRI. SHAURYA BABU SATHEESH NOW AGED ABOUT 34 YEARS R/AT C/O. SRI. K.S. NAGENDRA NO.105, 6TH MAIN, 1ST CROSS POSTAL COLONY SANJAYNAGAR BANGALORE-560 094. … RESPONDENT (BY SRI. B.G. SURYA KUMAR, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED JUDGE OF THE TRIAL COURT/ FAMILY COURT IN PARTLY ALLOWING THE MAINTENANCE APPLICATION FILED BY THE RESPONDENT AGAINST THE PETITIONER AND FURTHER ORDERING HIM TO PAY A SUM OF RS.25.000/- AND A SUM OF RS.5,000/- PER MONTH TOWARD THE MAINTENANCE OF THE RESPONDENT AND THE MINOR CHILD AND ANOTHER SUM OF RS.20,000/- TOWARDS LITIGATION EXPENSES.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri N.P. Kallesh Gowda, learned counsel for petitioner.
None for the respondents.
2. The writ petitions are admitted for hearing and the same are heard finally.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the wife as well as the husband have assailed the validity of the order dated 19.04.2012 passed by the III Additional Family Court, Bangalore on IA No.4 in MC No.202/2010. The wife has further prayed to enhance the amount of interim maintenance and legal expenses and the husband has prayed to reduce the amount of interim maintenance and legal expenses awarded by the Family Court.
4. I have heard the learned counsel for the petitioner and perused the records.
5. These writ petitions are pending before this Court since, 2013 in which no interim order has been passed. The proceeding before the Family Court was initiated in the year 2010. Therefore, at this point of time, I am not inclined to adjudicate the validity of the order dated 19.04.2012. Accordingly, the writ petitions are disposed of with a direction to the III Additional Family Court, Bengaluru to conclude the proceeding pending before it, if not already concluded within a period of four months from the date of receipt of certified copy of the order passed today. Office is directed to transmit a copy of this order to the aforesaid Family Court.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE ST