IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1141 OF 2019 (GM-FC) BETWEEN:
SRI. AMARANARAYANA SWAMY S.V., S/O S.V.VENKATARAMANIAH, AGED 54 YEARS, RESIDENT OF “PUNYAKOTI NILAYA”, YATEENDRA ROAD, SARASWATHIPURAM, TUMKUR.
... PETITIONER (BY SMT. VAISHALI HEGDE, ADVOCATE) AND:
SMT. C.R.SHASHIKALA, W/O SRI.AMARANARAYANA SWAMY S.V., AGED 52 YEARS, R/O NO.3, II MAIN, II CROSS, BASAVESHWARA EXTENSION, SIDDAGANGA MUTT ROAD, KYATHASANDRA, TUMKUR – 572 101.
... RESPONDENT (BY SRI.M.K.GIRISH, ADVOCATE - (ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER ON I.A. DATED 13.12.2018 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT, TUMKUR IN M.C.NO.252/2017 VIDE ANNEXURE – A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Vaishali Hegde , learned counsel for the petitioner.
None for the respondent.
2. In this petition under Article 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 13.12.2018 passed on an application under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘Act’ for short) by which the petitioner has been directed to pay a sum of Rs.15,000/- per month by way of interim maintenance to the respondent wife.
3. Admittedly, the petitioner, who is the husband has filed a petition under Section 9 of the Act, seeking restitution of conjugal rights in the year 2017. In the aforesaid proceedings, the respondent wife filed an application under Section 24 of the Act. Thereupon, the Family Court has passed the impugned order dated 13.12.2018 directing the petitioner to pay a sum of Rs.15,000/- per month as interim maintenance to respondent wife.
4. I have heard the learned counsel for the petitioner. A bench of this Court by ad-interim order dated 17.01.2019 has stayed the operation of the impugned order subject to the condition that the petitioner shall pay a sum of Rs.7,500/- per month to the respondent wife.
5. Learned counsel for the petitioner submits that the petitioner has no objection to make payment of the aforesaid amount.
6. In view of the aforesaid submission, at this stage, I am not inclined to adjudicate the validity of the order dated 13.12.2018.
7. The attention of the Family Court is invited to the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005 which provides that the matrimonial disputes should be disposed of within a period of one year.
8. In view of the provisions contained in the aforesaid Rules and in the fact situation of the case, I deem it appropriate to direct the Family Court to conclude the proceedings pending before it within a period of six months from the date of receipt of certified copy of the order passed today. Ordered accordingly.
9. Till then, ad-interim order granted by a Bench of this Court dated 17.01.2019 shall continue.
Accordingly, the writ petition is disposed of.
dn/-
Sd/- JUDGE