IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 29698/2015 (GM-FC) BETWEEN SRI KRISHNOJI RAO S/O BALLOJI RAO AGED ABOUT 42 YEARS R/AT KURUBARAHALLI NANDINI LAYOUT, BANGALORE-560 086 ... PETITIONER (BY SRI. LOHITASWA BANAKAR, ADV.) AND 1. SMT POOJA W/O KRISHNOJI RAO AGED ABOUT 22 YEARS R/AT NO.59, 18TH MAIN ROAD, J.C. NAGAR, KURUBARA HALLI BANGALORE-560 086 2. MASTER RITHVIK S/O KRISHNOJI RAO AGED ABUT 2 YEARS SINCE MINOR REP BY HIS NATURAL GUARDIAN / MOTEHR - RES NO.1 R/AT NO.59, 18TH MAIN ROAD, J.C. NAGAR, KURUBARA HALLI BANGALORE-560 086 (BY SRI. PRASHANT KUMAR C, ADV. FOR R1 R2 IS MINOR, REP. BY R1) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER DT.3.12.2014 ON I.A.NO.2 IN C.MIS.NO.436/2013 PASSED BY THE LEARNED I ADDL. PRINCIPAL JUDGE, FAMILY COURT, BANGALORE VIDE ANNX-D TO THE W.P. AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Memo for retirement filed by Smt. Rakshitha D.J, M/s. DLJ & Associates, learned counsel for petitioner is accepted.
Sri. Lohitaswa Banakar, learned counsel for the petitioner. Sri. Prashant Kumar. C, learned counsel for respondent No.1.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 03.12.2014 passed by the Family Court, by which the Family Court has awarded a sum of Rs.10,000/- per month to respondents on account of maintenance and a sum of Rs.3,000 by way of litigation expenses.
3. A bench of this Court while entertaining the writ petition had granted an ad-interim order dated 21.07.2015, subject to the condition that the petitioner deposits 50% of the amount ordered by the Family Court before 5th of every succeeding month. The said order was in force for a period of more than 3½ years. Therefore, at this point of time, I am not inclined to adjudicate the validity of the order granting interim maintenance, in this writ petition.
4. Accordingly, the writ petition is disposed of with a direction to the Family Court that in case proceedings for grant of maintenance are still pending, the Family Court shall decide the same expeditiously within a period of four months from today.
Office is directed to transmit the copy of this order to the concerned family Court.
Sd/- JUDGE VP