IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 55698 OF 2014 (GM-FC) BETWEEN:
SRI. D. MANJUNATH, S/O LATE DASASHETTY, AGE 31 YEARS, R/AT NO.135/1, 7TH CROSS, PIPELINE WEST, KASTURIBANAGAR, MYSORE ROAD, BANGALORE-560 026.
(BY SRI. M.R. RAJGOPAL, ADV., ) AND:
SMT. B.K. YASHODA W/O D. MANJUNATH, D/O K. KRISHNAPPA, MAJOR IN AGE, R/AT NO.A-12, BASAPPA GARDEN, PIPELINE BANGALORE-560 003.
… PETITIONER … RESPONDENT (BY SRI M.Y NAGARAJ, ADV., FOR RESPONDENT -ABSENT) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 10.3.2014 PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, BANGALORE ON I.A. DATED 14.6.2013 FILED BY THE RESPONDENT UNDER SECTION 24 OF TE HINDU MARRIAGE ACT IN M.C. NO. 2514/2012 VIDE ANN-L AND REJECT THE SAID APPLICATION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.M.R.Rajagopal, learned Counsel for the petitioner.
Record perused.
In this petition under Article 227 of the Constitution of India the petitioner has assailed the validity of the order dated 10.03.2014 passed by the family court, by which the family court awarded Rs.5,000/- p.m. respondent and Rs.3,000/- to the child as maintenance from the date of filing of the I.A. dated 14.06.2013 and a sum of Rs.8,000/- by way of litigation expense. The writ petition is pending before this Court since 2014 in which an ad-interim order has been passed by a Bench of this Court on 03.12.2014 by which the petitioner has been directed to pay a sum of Rs.5,000/- by way of maintenance to the respondents.
The aforesaid order has been remained in forced for a period of more then 4 ½ years. The proceedings was initiated before the family court in the year 2014. Therefore, at this point of time, I am not inclined to adjudicate the validity of the order passed by the family court. Accordingly, the petition is disposed of with a direction to the family court to conclude the proceedings pending before it expeditiously preferably within a period of four months from today if not already concluded. Till the proceedings are concluded before the family court, ad interim order granted by this Court to continue.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE SS