IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.1984 OF 2018 (GM –FC) BETWEEN:
SRI. MURALIDHAR.S, S/O SUNDAR, AGED ABOUT 31 YEARS, R/AT NO.9, 3RD MAIN, 5TH CROSS, KATHRIGUPPE, BENGALURU-560 085. …PETITIONER (BY SRI T. PRAKASH, ADVOCATE) AND:
SMT. GEETHA B.K., W/O SRI. MURALIDHAR, AGED ABOUT 25 YEARS, R/AT NO.1517, 50 FEET ROAD, BANASHANKARI 3RD STAGE, MUNESHWARA BLOCK, BENGALURU-560 085. …RESPONDENT (BY SRI AJIT KALYAN, ADV. ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 15.11.2017 PASSED ON I.A. FILED BY RESPONDENT U/S 24 OF HINDU MARRIAGE ACT FOR INTERIM MAINTENANCE IN M.C.NO.3508/2016 PASSED BY THE V ADDL. PRL.JUDGE, FAMILY COURT, AT BENGALURU VIDE ANNEXURE- A WITH REGARD TO GRANTING OF MAINTENANCE OF RS.10,000/- TO THE RESPONDENT AND TO HER MINOR CHILD AGED ABOUT ONE YEAR FROM THE DATE OF THE PETITION WITHIN 60 DAYS FROM THE DATE OF THE ORDER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri.T.S.Prakash, learned counsel for petitioner. Sri.Ajit Kalyan, learned counsel respondent.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Article 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 15.11.2017 passed by the Family Court, by which the application filed by respondent under Section 24 of the Hindu Marriage Act, 1955, has been allowed and the respondent has been awarded a sum of Rs.10,000/- as interim maintenance.
3. When the matter was taken up today, learned counsel for the parties, jointly, submitted that the proceedings seeking dissolution of marriage instituted by the respondent are pending consideration before the Family Court since 2016 and the writ petition be disposed of with a direction to the Family Court to conclude the same in a time bound manner.
4. In view of the aforesaid submission and in the background of the provisions of the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005, the petition is disposed of with a direction to the Family Court to conclude the proceedings expeditiously, preferably within a period of four months from today.
5. It is needless to state that the parties shall cooperate with the Family Court for early disposal of the Suit. Till then, the interim order granted by a Bench of this Court on 24.01.2018 shall continue.
6. It is needless to state that in case the proceedings are not concluded within a period of four months from today, the respondent shall be at liberty to file a fresh application before the Family Court seeking enhancement of the amount of maintenance.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ln.