IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9Th DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15261 OF 2018 (GM-FC) BETWEEN:
SRI HARSHA K.T. S/O. TULASIRAM AGED ABOUT 36 YEARS RESIDING AT NO.57, 4TH CROSS 1ST STAGE, NAGARABHAVI BENGALURU – 560 072 … PETITIONER (BY SRI KIRAN GOWDA M. FOR SRI PRASANNA KUMAR R.S., ADVOCATES) AND:
SMT. GEETHA K.V. W/O. HARSHA K.T. D/O. S.VENKATARAM AGED ABOUT 31 YEARS R/AT NO.26, 2ND MAIN 5TH CROSS, ADI KABIR ASHRAM ROAD BENGALURU – 560 032 … RESPONDENT (BY SRI CHIDANANDA S., ADVOCATE [ABSENT]) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.02.2018 (ANNEXURE-A) PASSED BY THE COURT OF VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT IN M.C.NO.199/2017, THEREBY REJECTING IA NO.3 FILED BY THE RESPONDENT HEREIN AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HERAING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Kiran Gowda M. for Sri Prasanna Kumar R.S., learned Counsel for the petitioner.
None for the respondent.
2. The petition is admitted for hearing. With the consent of 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 inter alia seeks to assail the validity of the order dated 26.02.2018 passed on IA.No.3, by which the petitioner herein has been directed to pay a sum of Rs.6,000/- to the respondent-wife and Rs.4,000/- to the child namely, Koustuva from the date of the application pending disposal of the case. In addition, the petitioner herein has been directed pay Rs.10,000/- as one time litigation to the respondent-wife.
4. The facts giving rise to filing of this petition briefly stated are that the respondent-wife has filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking dissolution of marriage in the year 2017.
5. A bench of this Court by its order dated 11.06.2018 has granted interim order of stay of the order dated 26.02.2018. Learned Counsel for the petitioner submits that the proceedings are fixed before the Family Court and are fixed for recording of evidence of the parties.
6. At this stage, this Court is likely to draw the attention to the rules of the Karnataka (Case Flow management in Subordinate Courts) Rules, 2005. It is pertinent to note that under the aforesaid rules, the matrimonial disputes have to be decided on priority basis within a period of six months. Accordingly, instead of adjudicating the validity of the order dated 26.02.2018, I deem it appropriate to dispose of the petition with a direction to the Family Court to conclude the proceedings within a period of six months from today. Till the proceedings are concluded, the interim order granted by this Court on 11.06.2018 shall continue.
Accordingly, the petition is disposed of.
Sd/- JUDGE LB