IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOs.45224/2014 & 45462/2014 & 45499/2014 (GM –FC) BETWEEN:
SRI SHAIK ABDUL BASHEER, S/O SHAIK BUKHAR, AGED ABOUT 81 YEARS, R/AT NO.483, 11TH CROSS, PILLANNA GARDEN, BANGALORE – 560 045.
... PETITIONER (BY SRI. SHAHAMEER AHAMAD, ADVOCATE. FOR SRI. RAHAMATHULLA SHARIFF, ADVOCATE) AND SMT. NOWSHIDA BEGUM, EX. W/O SHAIK ABDUL BASHEER, AGED ABOUT 55 YEARS, R/AT NO.2, 5TH CROSS, MUSLIM COLONY, BANGALORE – 560 045.
... RESPONDENT (BY SRI. AKTHAR BEGUM, ADVOCATE-ABSENT) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE HON’BLE I ADDL. PRINCIPAL JUDGE, FAMILY COURT, BANGALORE IN C.MIS. NO.583/13, DATED15.7.14 WHICH IS PRODUCED AS ANN- A & ANN-B, DATED30.8.14 & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Shahameer Ahamad, learned Counsel for the petitioner.
None for respondents.
In these petitions under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 15.07.2014 passed by the Family Court.
2. I have heard the learned counsel for the petitioner and perused the records.
3. It appears that in the proceedings under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short), which was instituted against the petitioner in the year 2013, the petitioner filed an application under Section 125(4) and (5) of the Code to dismiss the petition filed by the respondent on the ground that the respondent was already married and the petitioner was her fourth husband. However, the aforesaid application has been rejected and thereafter, warrant has been issued against the petitioner.
4. A Bench of this Court while entertaining the writ petition, by ad-interim order dated 26.09.2014 had stayed the orders at Annexures A and B and the warrant, if any issued.
5. Aforesaid interim order has remained in force till today. By now the proceedings under Section 125 of the Code must have been concluded. In case, proceedings under Section 125 of the Code are still pending, the Magistrate will make an endeavour to conclude the same within a period of four months from the date of receipt of the copy of the order passed today and till the proceedings are concluded by the Magistrate, the ad-interim order granted by this Court on 26.09.2014 shall continue.
Office is directed to transmit copy of this order to the concerned Magistrate.
Accordingly, writ petitions are disposed of.
Sd/- JUDGE ln.
CT-HR