IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NOS.40895-40896 OF 2018 (GM-FC) BETWEEN:
Sri. Praveen R., S/o. Sri. Ravikumar, Aged about 38 years, R/at No.844, 23 A Cross, 22nd Main Road, Sector-2, HSR layout, Bengaluru-560102.
(By Sri. K.Hanumantharayappa, Advocate) AND:
Smt. Roopa B.K., D/o. Late Kanthraj, Aged about 37 years, R/at No.23, Shanthi Nivas Layout, 2nd Cross, Kengeri Upanagar, Bengaluru-560060.
... Petitioner ... Respondent (BY Sri. B.S.Gurudath, Advocate) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the entire proceedings initiated by the respondent in EX.No.200/2016 by treating the order dated 06.09.2014 passed in G and WC NO.242/2011 by the Hon’ble VI Additional Principal Judge, Family Court, Bengaluru which is produced at Annexure-A as not executable.
These Writ Petitions coming on for hearing- interlocutory application this day, the Court made the following:
ORDER Sri K.Hanumantharayappa, learned counsel for the petitioner/husband tendered a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only). The same has been handed over to Smt. B.K.Roopa, the respondent, who is present before the Court and she acknowledges the receipt of the same in presence of her counsel.
2. After arguing the matter for sometime, Sri K.Hanumantharayappa, learned counsel for the petitioner / husband rightly and fairly submits that since the impugned order passed by the Family Court is on the memo filed by the petitioner and the Family Court closed the case directing the present petitioner to pay a sum of Rs.3,000/- per month to the child. In view of the above, he submits that the writ petitions may be permitted to withdrawn, with liberty to pursue his remedy in pending G & W.C.No.242/2011 before the Family Court.
3. Said memo is placed on record. Accordingly, writ petitions are dismissed as withdrawn.
4. In view of dismissal of main petition, IA No.1/2019 does not survive for consideration. Accordingly, IA No.1/2019 stands disposed off.
SD/- JUDGE KMV*