IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.39839 OF 2016 (GM-FC) BETWEEN:
SRI N PRADEEP KUMAR S/O LATE NARAYANAPPA AGED ABOUT 27 YEARS R/AT NO. 2358 “C” BLOCK NEAR: SAI BABA TEMPLE SAHAKARNAGAR BANGALORE – 560034.
(By Mr. SATISH S P ADV., (ABSENT)) AND:
SMT LAVANYA @ NIKITHA M W/O SRI H PRADEEP KUMAR AGED ABOUT 27 YEARS R/AT NO.1 8TH CROSS 4TH BLOCK ST BED LAYOUT BANGALORE – 560092.
… PETITIONER …RESPONDENT (By Mr. KARTHIK P M ADV, FOR Mr. RAKSHIT K N ADV.) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 21.06.2016 PASSED ON I.A1 IN CRL.MISC.NO.646/2014 PASSED BY THE HON’BLE VI ADDL. PRL. JUDGE FAMILY COURT AT BANGALORE AT ANNEX-A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner.
Mr.Karthik P.M. for Mr.Rakshit K.N., learned counsel for the respondent.
Heard.
3. In this petition under Articles 226 of the Constitution of India, the petitioner has challenged the validity of the impugned order dated 21.06.2016, by which a sum of Rs.5,000/- has been granted by way of maintenance to the respondent.
4. The petition is pending before this Court since 2016, in which no order has been passed. The respondent has instituted the proceeding under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short)are pending before the Family Court since 2014. In the fact situation of the case, instead of adjudicating the validity of the order dated 21.06.2016, I deem it appropriate to dispose of the writ petition with a direction to the Family Court to conclude the proceedings before it under Section 9 of the Act if not already decided within a period of four months from the date of receipt of the certified copy of the order passed today.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS