IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32869 OF 2016 (GM-FC) BETWEEN:
Smt Savithri Aged about 52 years W/o M.Ramaiah No.83, Vinayakanagar 2nd Cross, BSK 1st Stage 2nd Block,Bangalore- 560 050 … Petitioner (By Dr.S.Nagaraj, Adv.) AND:
1. Sri M Ramaiah S/o Muniswamappa Senior Technician BSNL Staff HR No.198114472 Aged 60 years O/o Asst Engineer, Telephones Shankarapuram West Telephone Exchange Bangalore- 560 004 2. The Accounts Officer (CCPC-II) O/o The Principal General Manager II Floor, BSNK, Rajbhavan Road, Bangalore-560 001. … Respondents (By Sri.Girish Kodgi, Adv. For R-1 Sri.Vishnu Bhat, Adv. For R-2) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the Garnishee- 2nd Respondent as to recover a sum of Rs.5,43,533/- (Rupees Five Lakh Forty Three Thousand and Five Hundred Thirty Three Only) towards arrears of maintenance out of the terminal benefits of the R-1 Husband to be retired on 30.06.2016 on superannuation, in criminal misc. P.No. 186/2013 on the file of 1st Addl. Family Court, Bangalore vide Annexure-A and etc.
This Petition coming on for Orders this day, the Court made the following:-
ORDER Sri. Dr.S.Nagaraj, learned counsel for the petitioner. Sri. Girish Kodgi, learned counsel for Respondent No.1 and Sri Vishnu Bhat, learned counsel for the Respondent No.2.
2. Petition is admitted for hearing. With the consent of the learned counsel for the parties, matter is heard for final disposal.
3. In this petition under Article 227 of the Constitution of India, the petitioner interalia has prayed for the following reliefs:
a) recover a sum of Rs.5,43,533/- (Rs. Five lakhs forty three thousands and five hundreds thirty three only) towards arrears of maintenance out of the terminal benefits of the 1st respdt.-husband to be retired on 30-06-16 on superannuation in Criminal Misc. P.No.186/13 on the file of the I Addl. Family Court, Bangalore vide Annexure Á.
b) and alternatively, be pleased to direct the I/c I Addl. Family Court, Bangalore to issue such an order in accordance with law.
c) that, to pass any other order or orders deems fit in the circumstances of the case in the interest of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner invited the attention of this Court to order dated 30.06.2016 passed by the then incharge I Additional Principal Judge by which the I Additional Principal Judge has refused to pass an order on I.A.3 filed by the petitioner on the ground that the Presiding Officer is incharge and therefore, has no power to pass any orders in respect of the application filed by the petitioner.
5. Admittedly, now a posting has been made to the Court of I Additional Principal Judge and therefore, no useful purpose would be served by keeping the Writ Petition. Accordingly, same is disposed of with a direction to the I Additional Principal Judge to consider the prayer made by the petitioner in this petition and pass a speaking order after hearing the parties within a period of one month from today.
Accordingly, petition is disposed of.
brn Sd/- JUDGE