IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.6685 OF 2016 (GM-FC) BETWEEN:
Smt. Vijayalaxmi W/o Rajashekhar Yalavigi, Aged about 39 years, Occ: H/wife/P G Student, R/o 105, Saideep Heights, 2nd Main Road, Bengaluru – 560 016.
… Petitioner (By Sri. Ashok R. Kalyanashetty, Advocate) AND:
Shri Rajashekhar Yelavigi S/o Chandrashekhar Yelavigi Aged about 43 years, Occ: Engineer, R/o 105, Saideep Heights, 2nd Main Road, Pai Layout, Off Old Madras Road, Bengaluru – 560 016.
… Respondent (By Sri. S. M. Hegde Kadave, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to set aside the order dated 25.08.2015 at Annexure-H passed by the Hon’ble 1st Additional Principal Judge, Family Court, Bengaluru on I.A.No.VI filed in M.C.1602/2013 and allow the said I.A. filed under Section 24 of the Hindu Marriage Act as prayed for in the interest of justice and equity, and etc.
This Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri. Ashok R. Kalyanashetty, learned counsel for the petitioner.
Sri. S. M. Hegde Kadave, learned counsel for the respondent.
Petition is admitted for hearing. With the consent of the parties, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 25.08.2015 passed by the I Additional Principal Judge, Family Court, Bengaluru, by which an application filed under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short) has been rejected.
3. The facts giving rise to the filing of this writ petition briefly stated are that the parties to the petition got married on 17.04.2003. Thereafter, the petition was filed by the respondent herein on 10.04.2013 under Section 13(1) of the Act seeking dissolution of the marriage.
4. In the aforesaid proceedings, petitioner herein has filed an application on 19.12.2014 under Section 24 of the Act. The aforesaid application has been rejected by the trial Court by the impugned order.
5. When the matter was taken up today, learned counsel for the respondent submitted that respondent is ready and willing to pay a sum of `5,000/- per month from the month of ‘February 2019’ onwards to the petitioner as maintenance and a sum of `10,000/- by way of litigation expenses, which shall be deposited before the Family Court within a period of one month from today and the Family Court shall be directed to dismiss the petition filed by the respondent herein under Section 13(1) of the Act in a time bound manner.
6. Learned counsel for the petitioner has accepted the aforesaid offer.
7. In view of the aforesaid submissions and in the facts of the case, writ petition is disposed of with a direction that the respondent herein shall deposit a sum of `5,000/- per month from the month of ‘February 2019’ onwards as maintenance to the petitioner-wife. In addition, respondent shall deposit a sum of `10,000/- by way of litigation expenses within a period of one month before the Family Court.
Needless to state that parties to the suit shall co-operate with the Family Court for early decision of the suit and shall not seek unnecessary adjournments. The Family Court bearing in mind the legislature mandate provided under Section 24 of the Act shall conclude the proceedings within a period of six months from the date of receipt of certified copy of the order passed today.
In view of disposal of the main petition, pending interlocutory application does not survive for consideration. Hence, disposed of.
Sd/- JUDGE Mds/-