IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1620 OF 2019 (GM-FC) BETWEEN:
SRI. RAGHAVENDRA, S/O SRI. S.G. DODDAMANI, AGED ABOUT 32 YEARS, RESIDING AT FLAT NO.30, MRPL TOWNSHIP KUTTETUR, KAIKAMBA MANGALORE-575 001.
… PETITIONER (BY SRI. B.J.MAHESH, ADVOCATE) AND:
SMT. SAI MANASA W/O SRI. RAGHAVENDRA D/O SRI. SURENDRA SHIVARUDRAPPA SAVANUR, AGED ABOUT 25 YEARS, RESIDING AT BEHIND RAILWAY INSPECTOR BUNGALOW, GUNTAKAL, ANDRAPRADESH-515 801.
… RESPONDENT (BY SRI. H.V.DEVARAJU, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 23.10.2018 PASSED BY THE FAMILY COURT, MANGALORE IN M.C.NO.42/2017 VIDE ANNEXURE-A, CONSEQUENTLY DISMISS THE I.A.NO3. FILED BY THE RESPONDENT HEREIN UNDER SEC. 24 OF THE HINDU MARRIAGE ACT AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.B.J.Mahesh, learned counsel for the petitioner.
Sri.H.V.Devaraju, learned counsel for the respondent.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner interalia seeks a writ of certiorari to set aside the order dated 23.10.2018 passed by the Family Court, Mangalore by which a sum of `10,000/- has been awarded as interim maintenance on the application filed by the respondent – wife under Section 24 of the Hindu Marriage Act.
3. When the matter was taken up today, learned counsel for the petitioner submits that in a proceedings under Section 125 of Cr.P.C, namely in MC No.42/2017, the respondent – wife has already been awarded a sum of `10,000/- as maintenance. However, the aforesaid fact has not been considered. It is further submitted that the petitioner be granted the liberty to bring the aforesaid fact, to the notice of the Family Court by filing an application for modification of the order dated 23.10.2018 and the Family Court be directed to decide the application in accordance with law.
4. The aforesaid prayer has not been opposed by learned counsel for the respondent.
5. Taking into account that the respondent- wife has already been awarded a sum of `10,000/- by way of maintenance by an order dated 23.10.2018 in proceedings under Section 125 of Cr.P.C, I deem it appropriate to dispose of this writ petition with liberty to the petitioner to file an application seeking modification of the order dated 23.10.2018. Ordered accordingly.
6. Needless to state that in case such an application is filed before the Family Court, the Family Court after affording an opportunity of hearing to all necessary parties shall decide the same by a speaking order in accordance with law within a period of three weeks from the date of filing of the application.
Accordingly, petition is disposed of.
Sd/- JUDGE GH