IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.16151 OF 2017 (GM-FC) BETWEEN:
SRI JITHENDRA KUMAR KARKERA S/O NARAYANA KARKERA AGED ABOUT 52 YE ARS R/A SEETHAKIRAN LAKXMI NAGAR, PADUKERE POST UCHILA UDUPI-574117.
PRESENTLY R/A NO.841/5, II FLOOR, 5TH CROSS, NEAR SANKRANTHI CIRCLE HEBBAL II STAGE MYSORE-570017. … PETITIONER (By Mr. K S HARISH, ADV.) AND:
SMT CHETHANA J PUTHRAN W/O JITHENDRA KUAMR KARKERA AGED ABOUT 44 YEARS R/A CHETHANA NILAYA POST KAIPUNJAL KAUP, UDUPI TALUK UDUPI DISTRICT – 574109. … RESPONDENT (By Mr. ARUNA SHYAM, ADV.) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order at Annexure-A dtd.17.1.2017 passed by The Additional Senior Civil Judge Udupi on I.A. No.II in M.C. No.60/2011 and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.K.S.Harish, learned counsel for the petitioner.
Sri.Aruna Shyam, 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 17.01.2017 passed by the Trial Court by which the Trial Court awarded a sum of `12,000/- as maintenance to the respondent.
4. A Bench of this Court, while entertaining the writ petition, by an ad interim order dated 26.04.2017, had stayed the impugned order subject to the condition that the petitioner shall pay a sum of `4,000/- per month. Admittedly, in compliance of the aforesaid order, the petitioner is paying a sum of `4,000/- per month to the respondent. The aforesaid interim order is still in force. The petition seeking dissolution of marriage was filed in the year 2011 before the Trial Court. Taking into account that the proceeding before the Trial Court is pending since 2011, instead of adjudicating the validity of the order dated 17.01.2017 passed by the Trial Court, I deem it appropriate to dispose of the writ petition with a direction to the Trial Court to expeditiously dispose of the matter pending before it by a speaking order within four months from the date of receipt of certified copy of the order passed today. Till the matter is decided by the Trial Court, ad interim order granted by a Bench of this Court on 26.04.2017 shall continue.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV