IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29279 OF 2019 (GM-FC) BETWEEN:
SRI KRISHNANANDA SOORYA AGED 44 YEARS SON OF K BHASKARA RAO RESIDING AT GOWRI NIVASA KARJALU , KODIPPADY ROAD KABAKA VILLAGE, NEHRU NAGAR POST, PUTTUR TALUK, D.K.DISTRICT 574001 (By MR. P P HEGDE, ADV.) AND:
SMT PRAMILA AGED 33 YEARS D/O CHANDRANATHA WIFE OF KRISHNANANDA SOORYA RESIDING AT MAHAGANAPATHI KRIPA, SAJIPA MUDA MITHAKERE NAGRI POST, BANTWAL TALUK D.K.DISTRICT-574004 … PETITIONER … RESPONDENT - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE COURT OF SENIOR CIVIL JUDGE & JMFC, BANTWAL, TO DECIDE I.A.NO.1 FILED U/S 26 OF THE HINDU MARRIAGE ACT, 1955 IN MISC CASE NO.58/2018 FOR INTERIM CUSTODY AND VISITATION RIGHTS OF THE CHILD BY NAME KUM.VAISHNAVI EXPEDITIOUSLY AND WITHIN THE TIME THAT MAY BE FIXED BY THE HON'BLE COURT; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.P.P.Hegde, learned counsel for the petitioner.
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, the petitioner inter alia seeks a direction to the Trial Court to decide I.A.No.1 filed under Section 26 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short) in M.C.No.58/2018 for interim custody and visitation rights of the child by name Kum.Vaishnavi expeditiously and within the time that may be fixed.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the Trial Court be directed to consider the application and filed under Section 26 of the Act and also the main matter in a time bound manner.
5. In view of the aforesaid submissions and the provisions contained in the Karnataka (Case Flow Management in Sub-ordinate Courts) Rules, 2005, the petition is disposed of with a direction to the Family Court to decide the application preferred by the petitioner under Section 26 of the Act expeditiously within a period of two weeks from the date of receipt of certified copy of the order passed today and thereafter, proceed to deal with the main matter within six months from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE RV