IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27386/2016 (GM – FC) BETWEEN:
SRI.MANJAPPA, S/O VEERABASAPPA, AGED ABOUT 46 YEARS, NO.34, 1ST FLOOR, V.M.NILAYA, 1ST MAIN ROAD, 4TH CROSS, N.R.GARDEN, CHOLARAPALYA, MAGADI ROAD, BANGALORE – 560 023. … PETITIONER (BY SRI.DIWAKARA K, ADV. (ABSENT)) AND:
SMT. MANJULA S PATIL, W/O SRI.MANJAPPA, D/O SANNAGOWDAPPA PATIL, AGED ABOUT 40 YEARS, NO.165, 3RD FLOOR, 3RD MAIN, 7TH CROSS, CHAMARAJAPET, BANGALORE – 560 018.
AND ALSO AS:
STAFF NURSE, BURNS WARD, VICTORIA HOSPITAL, K.R.MARKET, BANGALORE – 560 002. … RESPONDENT (BY SRI.H.R.NARAYANA RAO, ADV. FOR SMT.RAJESHWARI P.N.,ADV.,) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.01.2016 PASSED BY THE III ADDL. PRL.JUDGE, FAMILY COURT, BANGALORE IN M.C.NO.1390/2012, FOUND AT ANNEXURE – A AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Sri. H.R. Narayana Rao, learned counsel for Smt. Rajeshwari P.N., learned counsel for respondent.
2. In this petition, the petitioner has assailed the validity of the order dated 28.01.2016 by which the application filed by the respondent under section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short) has been allowed.
3. When the matter was taken up today, learned counsel for the respondent submitted that the proceeding under Section 13(1) (ia) (ib) of the Act was initiated by the petitioner in the year 2012. It is further submitted that despite ad-interim order dated 29.08.2016, which was conditional in nature, till today the petitioner has not paid the maintenance amount to the respondent. Therefore, the respondent has filed a proceeding for execution of the amount of arrears of maintenance.
4. In view of the fact that the proceeding under Section 13(1) (ia) (ib) of the Act is pending since 2012 and the petitioner has not paid the amount of arrears of maintenance despite conditional order of stay granted by a Bench of this Court on 29.08.2016, I deem it appropriate to dispose of the writ petition with a direction to the Family Court to conclude the proceeding under Section 13 of the Act expeditiously positively within a period of six months from today.
5. It is needless to state that the respondent is at liberty to proceed ahead with the execution proceeding for recovery of the amount of arrears of maintenance as well as the litigation expenses.
Accordingly, this petition is disposed of.
Sd/- JUDGE TL