IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.55090 OF 2018 (GM-FC) BETWEEN:
SRI J KESHAVA MURTHY S/O JAVARE GOWDA AGED 38 YEARS R/O NO.68 VASTHU LAYOUT 4TH CROSS KUDULU MADIVALA POST SARJAPURA HOBLI ANEKAL TALUK BENGALURU – 560068. … PETITIONER (By Mr. C. VIJAYA KUMAR, ADV.) AND:
SMT G C DEEPA W/O J KESHAVAMURTHY D/O CHOWDEGOWDA AGED 35 YEARS RESIDING AT NO.1340 9TH BLCOK 2ND STAGE NAGARBHAVI BENGALURU – 560072. … RESPONDENT (By Mr. M ABDUL RAHIMAN, ADV.) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 1.6.2017 in M.C. No.914/2015 on the file of IV Addl. Prl. Judge, Family Court, at Bengaluru a copy of which is produced at Annexure-B and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.C.Vijaya Kumar, learned counsel for the petitioner.
Sri.M.Abdul Rahiman, 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 Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 01.06.2017 passed by the IV Additional Principal Judge, Family Court, Bengaluru, by which the application filed by the wife under the Hindu Marriage Act, 1955, has been partly allowed and the respondent has been granted maintenance at the rate of `30,000/- per month. It is further held that the maintenance awarded by the learned Magistrate under the provisions of the Protection of Women under Domestic Violence Act, 2005 (hereinafter referred to as ‘the Domestic Violence Act’ for short), shall be adjusted.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the respondent – wife can seek maintenance only under one of the provisions namely, either under the Criminal Procedure Code, 1973 or under the Domestic Violence Act.
5. In view of the aforesaid submission, learned counsel for the respondent submitted that the respondent has confined her prayer of maintenance only to the provisions under the Domestic Violence Act.
6. In view of the aforesaid submission, nothing survives for adjudication in this writ petition.
Accordingly, the petition is disposed of with a direction to the petitioner herein to deposit the amount as directed by the jurisdictional Court under the provisions of the Domestic Violence Act within a period of two months from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE RV