Disposed

Sri. Sreenivasaiah v. Vs Smt. Susheela

Karnataka HC17 Mar 2023WP/33865/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging an interim maintenance order. Instead of deciding on the merits, the Court directed the petitioner to continue paying interim maintenance and litigation expenses until the conclusion of proceedings before the trial court.

What did the court decide?

The writ petition was disposed of directing the petitioner to continue payment of interim maintenance and litigation expenses as per the interim order of 07.09.2018 until disposal of C.Misc.no.493/201

Sri. Sreenivasaiah v Vs Smt. Susheela — Maintenance and Alimony | Karnataka HC (2023)

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WP No. 33865 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF MARCH, 2023 BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI WRIT PETITION NO. 33865 OF 2018 (GM-FC)

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BETWEEN:

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SRI. SREENIVASAIAH V SENIOR MANAGER (ALUMINIUM) HINDUSTAN AERONAUTICS LTD., FOUNDRY & FORGE DIVISION, BENGALURU COMPLEX, P.B.NO.171, BENGALURU-560 037.

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…PETITIONER

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[BY SRI. VIJAYA KUMAR R., ADVOCATE (ABSENT)]

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AND:

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SMT. SUSHEELA W/O SREENIVASAIAH V R/AT NO.22, SPANDANA, 4^TH CROSS, LAKSHMI LAYOUT, MUNNEKOLALA, MARATHAHALLI POST, BENGALURU NORTH TALUK, BENGALURU-37.

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Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka

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SRI.ABHISHEK.S S/O SREENIVASAIAH.V R/AT NO.22, SPANDANA, 4^TH CROSS, LAKSHMI LAYOUT, MUNNEKOLALA, MARATHAHALLI POST, BENGALURU NORTH TALUK, BENGALURU-37.

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…RESPONDENTS

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[BY SMT. GEETHA RAJ, ADVOCATE FOR R1 & R2 (ABSENT)]

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THIS WP IS FILED UNDER ARTILCES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN C. MISC. NO.493/2017 PENDING ON THE FILE OF THE V ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU.

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WP No. 33865 of 2018

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING B- GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Though matter was passed over twice and called again, there is no representation on either side. Since matter is already five years old, it was taken up for final disposal.

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Challenging order dated 05.07.2018 passed by V Addl.

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Principal Judge, Family Court, Bengaluru, in Crl.Misc.no.493/2017, this Writ petition is filed.

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On perusal of impugned order, it is seen that trial Court on consideration of application for interim maintenance filed by petitioners therein, trial Court passed impugned order directing respondent therein to pay Rs.30,000/- per month to petitioners and Rs.25,000/- towards litigation expenses.

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On 07.09.2018, while issuing notice to respondents, this Court has granted interim order of stay subject to petitioner paying maintenance at rate of Rs.20,000/- per month to respondents and Rs.25,000/- towards litigation expenses.

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WP No. 33865 of 2018

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It is seen that said interim order has stood unaltered till this day, while matter before trial Court has progressed till stage of final hearing.

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Therefore instead of deciding validity of impugned order on merits, this Court is of opinion that it would be appropriate to dispose of this writ petition by continuing interim order granted by this Court on 07.09.2018 till conclusion of proceedings before trial Court subject to final determination by trial Court.

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Hence, writ petition is disposed of directing petitioner herein to continue payment of interim maintenance and litigation expenses as per interim order passed by this Court on 07.09.2018 until disposal of C.Misc.no.493/2017 presently pending on file of V Addl. Prl. Judge, Family Court, Bengaluru subject to determination of regular maintenance by said Court.

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Sd/JUDGE

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Psg*

Sri. Sreenivasaiah v. Vs Smt. Susheela

Case brief

What is this about?

What did the court decide?

Sri. Sreenivasaiah v. Vs Smt. Susheela

Case brief

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What did the court decide?

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