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.24958/2016 (GM, FC) BETWEEN:
SRI PAVAN BIDDATHANDA S/O LATE BIDDATHANDA MUTHAPPA, AGED ABOUT 40 YEARS, P.O.BOX NO.-9, GREEN LAND ESTATE, SOMAWARAPET, COORG-571 236.
... PETITIONER (BY SMT. JAYASHREE PRASAD, ADVOCATE) AND:
1. SMT. SANGEETHA BIDDATHANDA @ SANGEETHA THAMMAIAH PONNAMMAA W/O PAVAN MUTHAPPA BIDDATHANDA, AGED ABOUT 37 YEARS, 2. MS.ANISHAA D/O PAVAN MUTHAPPA BIDDATHANDA, AGED ABOUT 14 YEARS, 3. MS.ANNANYA D/O PAVAN MUTHAPPA BIDDATHANDA, AGED ABOUT 9 YEARS, ALL R/AT POST BOX NO.21, YADOOR VILLAGE, AMMATTI ONTIYANGADI POST, AMMATT, VRAJPET TALUK, COORG-571 211.
PETITIONERS 2 AND 3 ARE REP.
BY THEIR NATURAL GUARDIAN 1ST PETITIONER MRS.SANGEETHA BIDDATHANDA ... RESPONDENTS (BY SMT. SHRIDEVI BHOSALE, ADVOCATE FOR SRI AMAR CORREA, ADVOCATE FOR R1 R2 & R3 ARE MINORS REP. BY R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.12.1.2016 PASSED BY THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN C.MISC.NO.310/2015 ON I.A. FILED UNDER SECTION 125[2] OF CODE OF CRIMINAL PROCEDURE, VIDE ANNEXURE-A TO THE W.P. AND CONSEQUENTLY DISMISS THE I.A. FILED THEREIN BY THE RESPONDENTS HEREIN UNDER SECTION 125[2] OF CODE OF CRIMINAL PROCEDURE SEEKING INTERIM MAINTAINANCE VIDE ANNEXURE-C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Jayashree Prasad, learned counsel for the petitioner.
Smt.Shridevi Bhosale, learned counsel on behalf of Sri Amar Correa, learned counsel for respondent No.1.
The writ petition is admitted for hearing. With the consent of the parties, the matter is heard finally.
2. In this petition filed under Article 226 of the Constitution of India, the petitioner has assailed the validity of the order dated 12.01.2016 passed on I.A.No.2 by the Family Court, by which the petitioner herein was directed to pay interim maintenance of Rs.10,000/- per month to respondent No.1 and Rs.5,000/- per month each to respondent Nos.2 and 3 from the date of application till the disposal of the petition.
3. The Bench of this Court while entertaining the writ petition by an interim order dated 28.04.2016 had stayed the impugned order subject to the condition that the petitioner shall pay a sum of Rs.5,000/- each to two children per month to the respondent during the pendency of this petition.
4. When the matter was taken up today, the learned counsel for the petitioner submits that the petitioner has complied with the directions issued by this Court on 28.04.2016 and the proceedings before the Family Court are now at the stage of final arguments.
5. The aforesaid submission has not been disputed by the learned counsel for the respondents.
6. In view of the aforesaid submission and in view of the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition with a direction to the Family Court to expeditiously dispose of the case within a period of one month from the date of receipt of a copy of this order passed today. Till the matter is decided by the Family Court, the ad-interim order granted by the Bench of this Court dated 28.04.2016 shall continue.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE PB