IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.54065 OF 2016 (GM-FC) BETWEEN:
SRI. PRAKASH B KURCHAGI AGED ABOUT 48 YEARS S/O SRI BHIMASHAPPA, PRESENTLY R/AT 72/A, 4TH CROSS, 6TH PHASE, 1ST STAGE,MAHAGANAPATHY NAGAR, BENGALURU-560 044.
(By Mr. PRABHUGOUD B TUMBIGI, ADV.(ABSENT)) AND:
SMT. LALITHA AGED ABOUT 38 YEARS W/O MR PRAKASH.B.KURCHAGI, R/AT 3, M.G.RAILWAY COLONY, KENDRIYA VIDYALAYA STAFF QUARTERS BENGALURU, MAGADI ROAD, BENGALURU-560 023.
ALSO TO BE SERVED AT MRS.LALITHA, AGED ABOUT 38 YEARS W/O MR PRAKASH B KURCHAGI, D/O SRI CHANDRASHEKAR WODAYAR, ADVOCATE,MANJUNATHA NAGAR, HAVERI-581 110.
… PETITIONER (By Mr. NAGENDRA SHETTY ADV.(ABSENT)) - - -
… RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD.15.4.2016 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ON I.A.NO.III IN M.C.NO.2450/2014, PRODUCED VIDE ANNEX-A TO THE W.P. AND CONSEQUENTLY DISMISS THE I.A.III FILED THEREIN BY THE RESPONDENT PROCEDURE SEEKING INTERIM MAINTENANCE PRODUCED VIDE ANNEX-D., AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the parties.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 15.04.2016 passed by the Family Court, by which the petitioner was directed to pay monthly maintenance of Rs.7,000/- to the respondent pendente lite, in addition to Rs.3,000/-p.m. already being paid, from the date of filing of the interim application till disposal of this petition.
3. A Bench of this Court by an order dated 24.10.2016 has directed the petitioner to pay a sum of Rs.5,000/- p.m. by way of maintenance. The aforesaid order is still in force. Therefore, at this point taking into account the fact that the proceedings seeking dissolution of marriage are pending since 2014 before the Family Court, I am not inclined to adjudicate the validity of the order dated 15.04.2016. Accordingly, the petition is disposed of with a direction to the Family Court to conclude the proceeding before it within a period of six months from the date of receipt of certified copy of the order passed today. Till then ad-interim order granted by a Bench of this Court dated 24.10.2016 shall continue.
Sd/- JUDGE ss