IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.847/2019 (GM-FC) BETWEEN:
SONALI MUKHARJI W/O MR. KUNAL SEN AGED ABOUT 38 YEARS C/O MS. R.S. MUTHANNA ARMY WELFARE HOUSING ORGANISATION POCKET 3/C 703, VASANTH VIHAR VIDYANAGAR BANGALORE-562 157 ... APPELLANT (BY SMT. AYANTIKA MONDAL, ADVOCATE-ABSENT) AND:
KUNAL SEN S/O MR. BIPIN KUMAR SEN AGED ABOUT 38 YEARS R/AT # 392, 9TH FLOOR, BLOCK/WING 3 DSR WOODWINDS, DODDAKANNELLI VILLAGE VARTHUR HOBLI, BANGALORE EAST TALUK BANGALORE-560 035 ... RESPONDENT THIS WRIT APPEAL IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE PETITION AND SET ASIDE THE ORDER PASSED BY SINGLE JUDGE OF THE HIGH COURT OF KARNATAKA, IN THE WRIT PETITION NO.35674/2018 DATED 25.10.2018 AND ETC., THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, THE CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT None appears for the appellant. Even in the morning session, none appeared for the appellant.
2. The impugned order grants interim relief pending preliminary hearing of the writ petition filed by the respondent. While issuing notice, the learned Single Judge has stayed the order of maintenance passed by the Family Court at the rate of ` 30,000/- per month subject to condition of the respondent paying maintenance at the rate of `15,000/- per month to the appellant from the date of application for grant of maintenance. The respondent has also been directed to pay litigation expenses to the appellant.
3. From the impugned order, it appears that the interim relief was granted at the stage of issuing notice and therefore, appellant can always apply for vacating the said order of interim relief. Moveover, a learned counsel has been appointed as a Mediator to mediate the dispute between the appellant and respondent.
4. Hence, no case is made out for interference with the impugned order. Subject to what is observed above, appeal is disposed of.
We have not adjudicated on the merits of the controversy in the pending writ petition.
Sd/- CHIEF JUSTICE Sd/- JUDGE SPS