IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.49519 OF 2014 (GM-FC) BETWEEN:
SRI VIJAYRAJ N.
S/O LATE LAXMINARAYANA AGED ABOUT 33 YEARS R/O FLAT NO. 1, 2ND FLOOR LALITHA RESIDENCE COFFEE BOARD LAYOUT KEMPAPURA, HEBBAL BANGALORE - 560024.
(By Sri J M ANIL KUMAR, ADVOCATE-ABSENT) AND :
SMT. MADHAVI R.
D/O SRI. RAMEGOWDA AGED ABOUT 31 YEARS R/O. NO. 30, SRIRANGA NILAYA ISEC, 2ND CROSS, NAGARABHAVI BANGALORE-560072 ... PETITIONER ... RESPONDENT (By Sri VIKAS B., ADVOCATE-ABSENT) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET-ASIDE THE IMPUGNED ORDER DTD 21.08.2014, PASSED BY THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE ON I.A.NO.4 FILED UNDER SECTION 24 OF THE HINDU MARRIAGE ACT IN M.C.NO.1649/2013, AT ANNEXURE-A AS ILLEGAL.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the parties.
I have perused the records.
In this petition, the petitioner has assailed the validity of the order dated 21.08.2014 passed on an application filed under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘Act’ for short).
2. It appears that the respondent had instituted proceedings under Section 13 of the Act. In the aforesaid proceeding, the respondent had filed an application under Section 24 of the Act. The Family Court, by order dated 21.08.2014 directed the petitioner herein to pay a sum of Rs.15,000/- per month.
3. The writ petition is pending before this Court since 2014 and no interim order has been passed. Proceeding was initiated by the respondent in the year 2013. Therefore, at this point of time, I am not inclined to adjudicate the validity of the order passed on an application under Section 24 of the Act and in the fact situation of the case, I deem it appropriate to dispose of the petition with a direction to the Family Court to conclude the proceedings expeditiously in accordance with law, within a period of four months from the date of receipt of copy of the order passed today, if not already concluded.
Office is directed to transmit copy of this order to the concerned Family Court.
Accordingly, the petition is disposed of.
Sd/- JUDGE ln.