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.6879 OF 2018(GM-FC) BETWEEN:
SRI.V.VINAY KUMAR, S/O VISHWANATH, AGED ABOUT 28 YEARS, NO.10, 9TH CROSS, THIMMAKKA LAYOUT (CIL LAYOUT), R.T.NAGAR POST, BENGALURU – 560 032.
(BY SMT.MUNSEERA K.P, ADV. FOR … PETITIONER SRI.SIDDHARTH B. MUCHANDI, ADV.) AND:
SMT.A.ASHWINI, D/O ANAND, W/O V.VINAYKUMAR, AGED ABOUT 23 EYARS, R/AT ‘YOGANANDEESHWARA NILAYA’, BEHIND SHANESHWARA TEMPLE, BAGALUR, BENGALURU NORTH TALUK – 562 149.
… RESPONDENT (BY SRI.S.MALLIKARJUNA SWAMY, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER PASSED ON I.A.NO.3 IN MC.NO.1941/2015 ON THE FILE OF THE III ADDL. PRL. FAMILY JUDGE, BENGALURU, DATED 14.12.2017 AND CONSEQUENTLY DISMISS THE SAID APPLICATION VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Munseera K.P, learned counsel for Sri.Siddharth B. Muchandi, learned counsel for the petitioner.
Sri.S.Mallikarjuna Swamy, 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 under Article 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 14.12.2017 passed by the III Additional Principal Judge, Family Court, Bengaluru, by which on an application under Section 24 of the Hindu Marriage Act, the respondent has been granted a sum of Rs.9,000/- per month towards maintenance and Rs.5,000/- as litigation expenses.
3. Learned counsel for the petitioner submits that the petitioner is ready and willing to pay the maintenance at the rate of Rs.5,500/- per month to the respondent and child. It is further submitted that the petitioner had initiated the proceedings under Section 13 of the Hindu Marriage Act in the year 2015 and the writ petition be disposed of with a direction to the Family Court, Bengaluru to conclude the same in a time bound manner.
4. The aforesaid prayer is not opposed by learned counsel for the respondent.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a direction that the petitioner shall pay a sum of Rs.5,500/- per month as interim maintenance to the respondent and child and the Family Court, Bengaluru in view of the Rules framed by this Court namely, Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005, shall make an endeavor to conclude the proceedings pending before it within a period of four months from the date of receipt of certified copy of the order passed today.
6. Needless to state that the parties to the proceedings shall co-operate with the Family Court for early disposal of the proceedings and shall not seek unnecessary adjournments.
7. It will be open to the Family Court, Bengaluru to decide the petition under Section 13 as well as the petition under Section 9 of the Hindu Marriage Act conjointly.
With the aforesaid directions, the writ petition is disposed of.
In view of the disposal of the main petition, pending interlocutory application does not survive for consideration. Hence, dismissed.
Sd/- JUDGE dn/-