IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.24337 OF 2018 (GM-FC) BETWEEN:
SRI. NIRANJAN KUMAR, S/O DR. L SHIVANNA, AGED ABOUT 36 YEARS R/AT NO.8, 5TH CROSS, 5TH MAIN, GOPALAPPA LAYOUT, MANORAYAPALYA, R T NAGAR POST, BENGALURU – 560 032.
... PETITIONER (BY MISS. RAKSHA KEERTHANA K., ADV., FOR SRI. KEMPARAJU, ADV.,) AND:
SMT SELVI @ HARSHITHA N, W/O NIRANJAN KUMAR S, D/O LATE DAKSHINAMURTHY, AGED ABOUT 33 YEARS, R/AT NO.7, NEHURU STREET, 4TH MAIN, B NARAYANAPURA, BENGALURU – 560 016.
AND ALSO R/AT NO.19/20, CRYSTAL FORT, 2ND FLOOR, , 3RD CROSS, 5TH MAIN, GOPALAPPA LAYOUT MANORAYANPALYA R T NAGAR POST, BENGALURU - 560 032.
... RESPONDENT (BY SRI.HEMANTH KUMAR D., ADV.,– (ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET-ASIDE THE INTERIM ORDER DATED:15.3.2018 IN M.C.NO.3545/2015 PASSED BY THE HON'BLE III ADDL. PRL.JUDGE, FAMILY COURT, AT BENGALURU AS PER ANNEXURE-D AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Miss. Reksha Keerthana .K, learned counsel for the petitioner.
None for respondent.
Records perused. The petition is admitted and 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 15.03.2018 by which the Family Court has directed the petitioner to pay a sum of Rs.6,000/- per month to his child.
3. A bench of this Court while entertaining the writ petition by an ad-interim order dated 22.06.2018 had stayed the operation of the impugned order dated 15.03.2018 subject to the condition that the petitioner shall continue to pay a sum of Rs.3,000/- per month by tenth (10th) of every succeeding month till the disposal of the petition.
4. The aforesaid interim order has remained in force for more than one year. The proceedings under Section 13 of the Hindu Marriage Act, was instituted by the petitioner before the Family Court in the year 2015. The Family Court, in view of the provisions contained in the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005, is under an obligation to dispose of the matrimonial dispute within a period of one year from the date of institution.
5. For the aforementioned reasons, at this point of time, I am not inclined to adjudicate the validity of order dated 15.03.2018. However, the writ petition is disposed of with a direction to the Family Court to decide the proceedings initiated by the petitioner within a period of four months from the date of receipt of certified copy of the order passed today.
6. Till the matter is adjudicated by the Family Court, ad-interim order dated 22.06.2018 granted by a bench of this Court shall continue.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-