IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.48419/2016 (GM-FC) BETWEEN MR. YATHEESH AGED 34 YEARS, SON OF GANGADHARA GATTI, RESIDING AT KARAJE HOUSE, SAJIPAMOODA POST AND VILLAGE, BANTWAL TALUK-583001. ... PETITIONER (BY SMT INDIRA PRIYADARSHINI, ADV. FOR SRI P P HEGDE, ADV.) AND MRS. DEEKSHITHA AGED 27 YEARS, D/O. JAGADEESH GATTI, W/O. YATHEESH, RESIDING AT KISSAN NAGARA, HAREKALA VILLAGE AND POST, MANGALURU-570001. ... RESPONDENT (BY SRI JAY PRAKASH, ADV. FOR SRI. SHOWRI H R, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD:10.8.2016 PASSED BY THE FAMILY COURT MANGALURU IN M.C.NO.418/2015 ON IA NO.IV WHICH IS PRODUCED AT ANNEXURE-E ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt.Indira Priyadarshini for Sri.P.P.Hegde, learned counsel for the petitioner.
Sri.Jay Prakash for Sri. Showri.H.R, learned counsel for the respondent.
2. The writ petition is admitted for hearing. With the consent of the parties, the matter is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 10.08.2016 passed in M.C.No.418/2015 by the Family Court by which a sum of Rs.5,000/- has been awarded as interim maintenance to the respondent-Wife.
4. I have heard the learned counsel for the parties.
5. Admittedly, the proceedings under Section 13 (1) (a) of the Hindu Marriage Act were initiated by the petitioner- husband in the year 2015. The writ petition is pending before this Court since 2016, in which no interim order has been passed. The petitioner is paying a sum of Rs.5,000/- to the respondent-wife as interim maintenance since the date of passing the order by the Family Court. Therefore, In the fact situation of the case, instead of adjudicating the validity of the order dated 10.08.2016, I deem it appropriate to dispose of the writ petition with a direction to the Family Court to expeditiously conclude the proceedings pending before it in M.C.No.418/2015 within a period of four months from the date of receipt of certified copy of the order passed today, if not already concluded.
Accordingly, the petition is disposed of.
VM CT-HR Sd/- JUDGE