IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.62623 OF 2016 (GM-FC) BETWEEN:
SRI JAGANNATH PUTTASWAMY SON OF GOWDAGERE RANGAIAH PUTTASWAMY AGED ABOUT 47 YEARS, RESIDING AT NO.126, 6TH CROSS, BAPUJI LAYOUT, VIJAYANAGAR BANGALORE-560 040.
(By Mr. B. SHARATH KUMAR, ADV.) AND:
SMT RASHMI RANI DAUGHTER OF JANARDHANA SWAMY AND WIFE OF JAGANATH PUTTASWAMY AGED ABOUT 42 YEARS, RESIDING AT #199, K BLOCK, 6TH C MAIN, RAMAKRISHNA NAGAR MYSURU-570 023.
… PETITIONER … RESPONDENT (By Mr. P. PRITHVI KIRAN SHETTY, ADV., (ABSENT)) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.10.2016 PASSED IN CASE M.C.NO.4/2016 ON THE FILE AT ANNEX-A AND CONSEQUENTLY DISMISS THE APPLICATION ANNEX-B FILED BY THE RESPONDENT UNDER SEC. 24 OF THE HINDU MARRIAGE ACT & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.B.Sharath Kumar, learned counsel for the petitioner.
None for the respondent 3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 25.10.2016, by which the application filed by the respondent under Section 24 of the Hindu Marriage Act, 1955 has been allowed and the petitioner herein has been directed to pay interim maintenance of Rs.10,000/- per month to the respondent from 15.07.2016 till the date of filing of the petition as well as the litigation expenses, which have been quantified at Rs.20,000/-.
4. The aforesaid petition is pending before this Court since 2016, in no interim order has been passed in favour of the petitioner. In the facts and circumstances of the case instead of adjudicating the validity of the order dated 25.10.2016, I deem it appropriate to dispose of the writ petition with a direction to the Family Court to decide the proceedings pending before it within a period of four months from the date of receipt of the certified copy of the order passed today. A copy of this order be transmitted to the concerned Family court.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS