IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.45685 OF 2013 (GM-FC) BETWEEN:
SRI SHIVASHANKAR S/O. A. CHINNASWAMY NAIDU AGED ABOUT 38 YEARS NO.351, 2ND MAIN ROAD 5TH CROSS, PRAKASH NAGAR BANGALORE-560 021.
PRESENTLY RESIDING AT NO.1356/2, 2ND FLOOR 4TH CROSS, 5TH MAIN PRAKASH NAGAR BANGALORE-560 021. ... PETITIONER (BY SRI RAJASHEKAR K., ADV. - ABSENT) AND:
SMT. N. KAMALA (SARGUNA) W/O. SRI. SHIVASHANKAR AGED ABOUT 32 YEARS R/AT 133, 2ND CROSS H.M. NAYAKA ROAD JAI MARUTHI NAGARA NANDINI LAYOUT BANGALORE-560 096. …RESPONDENT (BY SRI M.G. RAVISHA, ADV. – ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29.08.2013 IN M.C.NO.3933/2011 PASSED BY THE IVTH PRL. ADDITIONAL JUDGE, FAMILY COURT, BANGALORE (VIDE ANNEX-E).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appear for the parties.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 29.08.2013 in M.C.No.3933/2011 passed by the IV Additional Judge, Family Court, Bangalore, by which the application filed by the respondent under Section 24 of the Hindu Marriage Act, 1955 was allowed.
3. It is noticed that a Bench of this Court by an ad-interim order dated 10.02.2014 had stayed the execution of the impugned order dated 29.08.2013, subject to the condition that the petitioner, during the pendency of this writ petition shall pay a sum of `.2,000/- per month to the respondent. The aforesaid order has been in force for a period of more than five years.
4. The proceeding before the Family Court is pending since, 2011. Therefore, at this point of time, I am not inclined to adjudicate the validity of the order impugned in this petition. However, the petition is disposed of with a direction to the Family Court to conclude the proceeding, if not already concluded expeditiously, preferably within a period of four months from today. Till the proceeding is concluded by the Family Court, ad-interim order granted by this Court on 10.02.2014 shall continue. Office is directed to transmit a copy of this order to the concerned Family Court.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ST