IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.2619 OF 2016 (GM-FC) BETWEEN:
SHRI. V.R. DEVRAJ, AGED 38 YEARS, S/O LATE RANGE GOWDA, NO.495, VASANTPURA, UTTARAHALLI MAIN ROAD, SAMUDAYA BHAVANA ROAD, BENGALURU – 560 061. …PETITIONER (BY SRI. MANU PRABHAKAR KULKARNI, ADV., - ABSENT) AND:
SMT. D.ASHA, AGED 27 YEARS, W/O SHRI. V.R.DEVRAJ, NO.495, VASANTPURA, UTTARAHALLI MAIN ROAD, SAMUDAYA BHAVANA ROAD, BENGALURU – 560 061. …RESPONDENT (BY SRI. G.K.SHIVAPRAKASH, ADV., - ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 13.10.2015 PASSED IN M.C.NO.261/2014 PENDING ON THE FILES OF LEARNED I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU (ANNEXURE – A ) AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appear for the parties.
2. In this writ petition under Article 227 of the Constitution of India, petitioner has assailed the validity of the order dated 13.10.2015 passed by the learned I Additional Principal Judge, Family Court, Bengaluru, by which application filed by the respondent under section 24 of the Hindu Marriage Act, 1955, was allowed and the petitioner was directed to pay a sum of Rs.4,000/- per month as maintenance and sum of Rs.2,000/- towards litigation expenses.
3. I have perused the record. Writ petition is pending before this Court since the year 2016 and no interim order has been passed. The impugned order passed on 13.10.2015 and the proceedings before the Family Court, Bengaluru are pending since the year 2014. Therefore, in the fact situation of the case, at this point of time, I am not inclined to adjudicate the validity of the order dated 13.10.2015.
4. However, petition is disposed of with the direction to the Family Court to conclude the proceeding, if not already concluded and if the same is pending before it, expeditiously within a period of four months from the date of receipt of certified copy of the order passed today.
Office is directed to transmit copy of this order to the concerned Family Court by fax.
Sd/- JUDGE AN/-