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.52282 OF 2016 (GM-FC) BETWEEN:
SRI SRINIVAS S/O VENKATARAMANAPPA AGED ABOUT 35 YEARS R/AT BETTAHALLI VILLAGE DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 123.
(By Mr. H J ANANDA, ADV.) AND:
SMT SHILPA W/O SRINIVAS D/O KADARAHANUMAIAH AGED ABOUT 23 YEARS R/AT BETTAHALLI KADABAGERE POST DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 123.
(By Mr. RAJASHEKAR B KANAVI, ADV. (ABSENT)) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD.28.7.2016 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AT NELAMANGALA ON I.A.NO.2 FILED UNDER SECTION 24 OF THE HINDU MARRIAGE ACT BY THE RESPONDENT IN M.C.NO.20/2015 VIDE AT ANNEX-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.H.J.Ananda, learned counsel for the petitioner. None for the respondent.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 28.07.2016 passed by the Family Court, by which the amount of Rs.4,000/- towards maintenance was granted.
3. A Bench of this Court by ad-interim order dated 03.10.2016 had stayed the operation and effect of the impugned order. The aforesaid order is well in force.
4. Since, the proceedings initiated by the petitioner under Section 13 of the Hindu Marriage Act, 1955 seeking dissolution of the marriage are pending since, 2015 before the Family Court in the fact situation of the case, instead of adjudicating the validity of the order dated 28.07.2016, I deem it appropriate to dispose of the writ petition with a direction to the family court to dispose of the proceedings preferred by the petitioner if not already concluded within a period of six months from today. Till the proceedings are concluded before the Family Court, ad-interim order shall continue.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ss