IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.22984 OF 2018 (GM-FC) BETWEEN:
Sri. Venkatesh .M W/o Sri. Munivenkatappa, Aged about 31 years, R/at No.20, 3rd Cross, 4th Main, New Byatarayanapura, Avalahalli, Mysuru Road, Bengaluru – 560 026.
(By Sri.Anniah C.V., Advocate) AND:
Smt. Lakshmi .P @ Sowmya D/o Sri. Puttegowda, W/o Sri. Venkatesh .M, Aged about 23 years, R/at No.316, 2nd Cross, 3rd Main, Sindu Nadi Road, Srinagar, Pipeline, Bengaluru – 560 050.
(By Sri. Rajagopala Naidu, Adv.) … Petitioner … Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order passed by the II Principal Family Judge at Bengaluru in G & WC No.59/2018 the order dated 28.04.2018 on I.A.2 vide Annexure-A and etc.
This Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Anniah C.V, learned counsel for the petitioner.
Sri.Rajagopala Naidu, learned counsel for the respondent.
2. In this petition, the petitioner has assailed the validity of the order dated 28.04.2018 passed by the II Additional Principal Judge, Family Court, Bengaluru.
3. After arguing the matter to some extent and in view of the law enunciated by the Hon’ble Supreme Court in the case of in ‘STATE OF MAHARASTRA vs. RAMDAS SHRINIVAS NAYAK AND ANOTHER’, AIR 1982 SC 1249, learned counsel for the petitioner seeks leave of this Court to withdraw the writ petition with liberty to file appropriate application before the Family Court.
4. Accordingly, the writ petition is disposed of with liberty to the petitioner to seek for review of the order dated 28.04.2018.
It is needless to state that in case such an application is made by the petitioner, the trial Court shall decide the same expeditiously in accordance with law after affording an opportunity of hearing to the parties.
Sd/- JUDGE dn/-