The petitioners filed a writ petition challenging a maintenance order, but the underlying maintenance case had already been disposed of, rendering the writ petition devoid of cause of action.
Writ petition dismissed as infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION No.3235 OF 2017 (GM-FC)
BETWEEN:
SMT.ASHWINI R., W/O VENKATESH M., AGED ABOUT 32 YEARS, NO.22, 4TH MAIN, 4TH CROSS, CHAMARAJPET, BANGALORE - 560 018. ... PETITIONER
(BY SMT.MAINA DEVI G., ADVOCATE)
AND:
SRI VENKATESH M., S/O MUNIYAPPA, AGED ABOUT 36 YEARS, R/AT NO.502, 4TH MAIN, 11TH CROSS, 2ND STAGE, MAHALAKSHMIPURA, BANGALORE - 560 086. ... RESPONDENT
(BY DR.M.SUNIL SASTRY, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO MODIFY THE ORDER DATED 03.09.2016 BY ENHANCING THE MAINTENANCE AMOUNT OF RS.10,000/- TO RS.50,000/- AND ALSO RS.50,000/- TOWARDS LITIGATION EXPENSES, BY ALLOWING THIS WRIT PETITION.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Smt.Maina Devi.G., learned counsel for petitioner has appeared in person.
The captioned Writ Petition is filed against the order dated 03.09.2016 passed by the V Addl. Principal Judge, Family Court, Bengaluru on I.A.No.III filed under Section 24 of the Hindu Marriage Act, 1955 by the petitioner in M.C.No.4378/2014.
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 14.12.2022. 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 provisions across 1 enactments
Smt. Ashwini R.
Sri Venkatesh M.
Jyoti Mulimani
As recorded by the court registry
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