Petitioner filed a writ petition under Articles 226 & 227 to recall a complaint under Section 24 Hindu Marriage Act for interim maintenance. Court dismissed the writ petition without disposal by directing steps within stipulated time and rejected the petition on its own.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE 07TH DAY OF SEPTEMBER, 2022 BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.51501/2015(GM-FC)
BETWEEN
SMT SHANTHI. S AGED ABOUT 40 YEARS, W/O. SHRINIVASA HATWAR, C/O. BASAVASHETTER, NEAR MADDUR TIFFANIES, BM ROAD, SHIVAPURA, MADDURU, MANDYA DISTRICT.
…PETITIONER/S
(BY SRI./SMT.:S.N.BHAT, ADVOCATE)
AND
SHRINIVAS HATWAR S/O. KRISHNAMURTHY, AGED ABOUT 49 YEARS, EWS 374, NEW KANTHARAJ URAS ROAD, KUVEMPU NAGAR, MYSORE-570 001.
…RESPONDENT/S
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL THE ENTIRE REPORT IN M.C.NO.440/2013 ON THE FILE OF THE PRINCIPAL
W.P.NO.51501/2015
2
FAMILY COURT AT MYSORE DTD.31.8.2015 ON AN IA FILED UNDER THE SECTION 24 OF HINDU MARRIAGE ACT [ANNEX-E] AND AWARD INTERIM MAINTENANCE AS PRAYED FOR.
THIS WRIT PETITION COMING ON FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING ORDER.
ORDER
Steps to be taken within one week, failing which, writ petition stands rejected on its own.
Sd/JUDGE
TYPED BY : SK CASE WORKER : AP COMPARED BY : AP
COPY Sd/-
ASSISTANT REGISTRAR
2 issues framed by the court
Whether a complaint filed under Section 24 of the Hindu Marriage Act for interim maintenance requires substantive adjudication or procedural inquiry.
Whether a writ petition praying for recall of a complaint should be disposed of by scrutiny of merits or by procedural stay.
1 provisions across 1 enactments
SMT SHANTHI. S
SHRINIVAS HATWAR
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
