IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO.2542/2019 (GM-FC) BETWEEN:
TEJPAL GANDHI AGED ABOUT 47 YEARS S/O SURENDRA SINGH GANDHI R/AT INTEGRATED PRESENTATION SOLUTIONS PVT LTD., NO.S-2, BAGARA COMPLEX ABOVE CORPORATION BANK NEW BEL ROAD BANGALORE-560094 ... APPELLANT (BY SRI NAGESH NAKHUL, ADVOCATE FOR SRI GOVINDARAJU L., ADVOCATE) AND:
DIVYA GANDHI AGED ABOUT 41 YEARS W/O TEJPAL GANDHI R/AT 3101, NETRAVATHY BLOCK NANDI APARTMENTS NANDI ENCLAVE BANGALORE-560085 ... RESPONDENT (BY SMT. MAMATHA D.N., ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO QUASH THE ORDER DATED 31.05.2019 MADE IN WRIT PETITION NO.21497/2016 IN SO FAR AS IT DIRECTS THE APPELLANT TO PAY THE RESPONDENT A SUM OF RS.8,000/- PER MONTH AND IN TURN ALLOW THE SAID WRIT PETITION.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Time is sought on behalf of the appellant.
2. We find from the impugned order that the writ petition filed by the present appellant was for challenging the interim order passed by the Family Court established under the Family Courts Act, 1984.
3. The Family Court is also a Civil Court for all purposes. Hence, for passing the order in the writ petition, the power exercised by the learned Single Judge is under Article 227 of the Constitution of India. In the light of the law laid down by the Full Bench of this Court in the case of TAMMANNA AND OTHERS vs MISS RENUKA AND OTHERS1, the appeal is not maintainable. The appeal is disposed of only on that ground. However, the remedy of the appellant is kept open.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv 1 ILR 2009 KAR 1207