IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.51336 OF 2014 (GM-FC) Between:
Mr.T.Chaluvaraju, S/o. Thirumallesh, Aged about 63 years, R/o.No.61, 6th Cross, Udayagiri, Mysore-570 001.
(By Sri.Abubacker Shafi, Adv.,-Absent) And:
... Petitioner Mrs.Nagarathnamma, W/o.T.Chaluvaraju, Aged about 51 years, R/at No.9, 5th Cross, Tank Road, N.R. Mohalla, Mysore-570 003.
(By Sri. D. Seshadri, Adv.,-Absent) ... Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 14.10.2014 passed on the I.A. in Crl.Misc.No.553/2012 by the Hon'ble Prl. Judge, Family Court at Mysore vide Annx-F and etc.
This petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER None for the parties. Perused the records.
In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 14.10.2014 passed by the Family Court, Mysuru, by which an application seeking interim maintenance has been decided and the petitioner has been directed to pay a sum of Rs.3,000/- per month to the respondent from the date of application till the disposal of the main petition.
2. A Bench of this Court, while entertaining the writ petition by an ad-interim order dated 06.03.2015, had granted stay of the impugned order passed on 14.10.2014. The aforesaid interim order has remained in force till today i.e., for a period of more than four years. Therefore, in the fact situation of the case, I am not inclined to adjudicate the validity of the impugned order dated 14.10.2014. Accordingly, the writ petition is disposed of with a direction to the Family Court, Mysuru to conclude the proceedings pending before it, if not already concluded, within a period of three months from today.
3. Till the proceedings are concluded by the Family Court, Mysuru, the ad-interim order granted by this Court dated 06.03.2015 shall continue.
4. Office is directed to transmit a copy of this order to the Family Court, Mysuru.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-