IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.39621/2016 (GM, FC) BETWEEN:
SRI. SUNIL KUMAR S/O KALAPPA, AGED ABOUT 30 YEARS, C/O.SRIPATHI, K.CHANNASANDRA, HORAMAVU POST, BENGALURU-560 043.
... PETITIONER (BY SRI S.Y.KUMBAR, ADVOCATE (ABSENT)) AND:
SMT. SANDHYA W/O.SUNIL KUMAR, AGED ABOUT 29 YEARS, R/O CHIKKAGOWDARA SRI.K.S.MUNIHANUMAIAH COMPOUND, KALKERE, HORAMAVU, K.R.PURAM HOBLI, BENGALURU-560 043.
... RESPONDENT (BY SRI SHRISHAIL A.HUBLI, ADVOCATE (ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS IA NO.3 DTD:2.6.2016 PASSED BY THE HON'BLE PRINCIPAL FAMILY JUDGE AT BANGALORE IN M.C.NO.3720/2014 AS PER ANNEXURE-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None appears for the parties.
2. In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 02.06.2016 on the application preferred by the respondent under Sections 24 and 26 of the Hindu Marriage Act, 1955, by which, the Family Court has partly allowed the application and a sum of Rs.15,000/- per month has been awarded in favour of the respondent till the disposal of the petition.
3. The Bench of this Court while entertaining the writ petition by an interim order dated 04.04.2017 had directed the petitioner to pay a sum of Rs.10,000/- per month to the respondent during the pendency of this petition and there shall be stay of the order passed by the Family Court.
4. The aforesaid order has remained in force for a period of more than 1 ½ years. The proceeding under Section 9 of the Hindu Marriage Act, 1955, was initiated before the Family Court in the year 2014. Therefore, in the facts situation of the case, instead of adjudicating the validity of the order dated 02.06.2016 passed by the Family Court, I deem it appropriate to dispose of this writ petition with a direction to the Principal Judge, Family Court, Bangalore, to decide M.C.No.3720/2014, if not already decided, within a period of four months from today. Till the matter is decided by the Family Court, the ad-interim order granted by the Bench of this Court dated 04.04.2017 shall continue.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE PB