Writ petition against a Family Court maintenance order dismissed as infructuous because the underlying Maintenance Petition case had already been disposed of on 17.03.2021.
The Writ Petition was dismissed as having become infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION No.28599 OF 2015 (GM-FC)
BETWEEN:
SMT. PALLAVI W/O VENKATESH .S AGED ABOUT 30 YEARS PRESENTLY R/AT NO.49 3RD CROSS, EASHWARI NAGAR BANASHANKARI BENGALURU-560 070. …PETITIONER
(BY SRI. V. SHIVAKUMAR, ADVOCATE)
AND:
SRI. VENKATESH .S S/O LATE SRINIVAS GOWDA AGED ABOUT 35 YEARS R/AT NO.1368, 2ND CROSS 1ST MAIN, DODDAMMA LAYOUT MANORAYANAPALYA R.T. NAGAR POST BENGALURU-560 032. …RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO MODIFY THE IMPUGNED ORDER DATED 1.4.2015, PASSED BY THE HON'BLE COURT OF III ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ON IA NO.3, IN MC NO.510/2014 (ANNEXURE-F) GRANTING A MEAGER SUM OF RS.2,000/- PER MONTH EACH TO PETITIONER AND CHILD TOWARDS MAINTENANCE AND CONSEQUENTLY GRANT THE MAINTENANCE
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AMOUNT AS PRAYED FOR IN THE APPLICATION, IA NO.3 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned Writ Petition is filed against the order dated 01.04.2015 passed by the Principal Judge, Family Court, Bengaluru on I.A.No.3 filed under Section 24 of the Hindu Marriage Act by the respondent in M.C.No.510/2014.
The case status of the MC case has been verified by the registry through e-court services and it depicts that the MC case has been disposed of on 17.03.2021. Because the MC case is already disposed of, the Writ Petition becomes infructuous.
Accordingly, the Writ Petition is dismissed as having become infructuous.
Sd/JUDGE
TKN
1 issue framed by the court
Whether the Writ Petition challenging the maintenance order remains maintainable when the underlying maintenance case is already disposed of.
2 provisions across 2 enactments
Smt. Pallavi w/o Venkatesh .S
Sri. Venkatesh .S
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
