IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.11868 OF 2017 (GM-FC) BETWEEN:
SRI A G VIJAYKUMAR S/O GOVINDARAJU A M AGED ABOUT 42 YEARS C/O RAVI RESIDING AT NO.11 GANESH ILLAM AMRAVATHI LAYOUT HORAMAVU-AGARA ROAD JAYANTHINAGAR HORAMAVU BENGALURU – 560043. … PETITIONER (BY MR. ARVIND B REDDY, ADV.) AND:
SMT HARIPRIYA W/O VIJAYKUMAR AGED ABOUT 38 YEARS RESIDING AT NO.21 2ND CROSS, MANJUNATHA LAYOUT T C PALYA MAIN ROAD K R PURAM BENGALURU – 560036.
… RESPONDENT (BY SMT SRIDEVI BHOSALE, ADV. FOR SRI AMAR CORREA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD: 14.3.2017 VIDE ANNEXURE-A PASSED BY THE VI ADDITIONAL PRINICIPAL JUDGE, FAMILY COURT AT BENGALURU IN M.C.NO.3622/2015 IN ISSUING NOTICE TO THE PROPOSED RESPONDENT SMT. LAKSHMI AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Arvind B.Reddy, learned counsel for the petitioner.
Smt.Shridevi Bhosale, learned counsel for the respondent.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 14.03.2017 passed by the VI Additional Principal Judge, Family Court at Bengaluru in issuing a notice to the proposed respondent.
4. After hearing the learned counsels for the parties, with the consented opinion of the parties, the Court feels that it is premature as the applications filed by the petitioner as well as proposed respondent are pending before the Family Court and they are at liberty to appear before the Family Court to raise all such contentions as may be permissible to them under the law.
5. Accordingly, the Petition is disposed of with liberty as aforesaid. Interim order granted if any earlier is extended till the appearance of the parties before the Family Court.
Petition is disposed of.
Sd/- JUDGE BNV