IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29998 OF 2019 (GM-FC) BETWEEN:
Sri Venkatesh Sanjeevan Guruprasad S/o. Sri Sanjeevan Guruprasad Aged about 27 years Permanent Resident of New No.30, Old No.145B 4th Street, Raghava Reddy Colony Jafferkhanpet, Ashoknagar Chennai-600 083 Represent by GPA Holder Sri Sanjeevan Guruprasad. … Petitioner (By Sri Anand R.V., Advocate) AND:
Smt. Meghana W/o.Venkatesh Sanjeevan Guruprasad D/o.Sri R.Guru Rao Aged about 25 years R/at No.24, CFTRI Layout Bogadi 2nd Stage Mysuru-570 026. … Respondent - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for records in Crl. Misc.No.76/2019 on the files of Family Court, at Mysuru; set aside the impugned order dated 24.06.2019 vide Annexure – A on I.A. preferred U/s. 125(3) of CRPC in Crl. Misc. No.76/2019 on the files of Family Court, at Mysuru and direct the trial Court to consider the I.A. U/s. 125(3) preferred by petitioner vide Annexure–J and etc.
This Petition coming on for Preliminary Hearing this day, the court made the following:-
ORDER Sri Anand R.V, learned counsel for the petitioner.
2. Taking into account the order, which this Court proposes to pass, it is not necessary to issue notice to the respondent.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has assailed the validity of order dated 24.06.2019 passed by the Family Court, by which the Non Bailable Warrant was issued against the petitioner for recovery of arrears of maintenance to the tune of Rs.2,15,000/-.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the application filed by the petitioner before the Family Court under Second proviso to Section 125(3) of the Code of Criminal Procedure is pending and the aforesaid application has not been decided. It is further submitted that the petitioner is ready and willing to maintain the respondent-wife and keep with him.
In view of the aforesaid submission, the petition is disposed of with a direction to the Family Court to decide the aforesaid application filed by the respondent within a period of one week after affording an opportunity of hearing to the parties and thereafter to proceed with the matter in accordance with law.
Accordingly, petition is disposed of.
PYR Sd/- JUDGE