High Court of Karnataka dismissed the writ petition filed under Articles 226 and 227 challenging an interim maintenance order, holding it infructuous since the main criminal miscellaneous application was already disposed of by the Family Court.
Writ petition 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.38298 OF 2017 (GM-FC)
BETWEEN:
SRI K.SRINIVAS S/O S.KASINATHA SASTRY, AGED ABOUT 49 YEARS, R/AT NO.1270, GROUND FLOOR, 20TH MAIN ROAD, 1ST B CROSS, J.P.NAGAR 2ND PHASE, BANGALORE - 560 078.
... PETITIONER
(BY SRI.S.BHASKAR REDDY., ADVOCATE)
AND:
SMT.KAMAKSHI DIXIT, D/O SRI SEETHARAM DIXIT, AGED ABOUT 45 YEARS, R/AT NO.397, 2ND CROSS, KRISHNA ROAD, GIRINAGAR 1ST STAGE, BANGALORE - 560 085. ... RESPONDENT
(BY SMT.RAMA R.IYER., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 10.07.2017 PASSED BY THE II ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE IN C.MIS.212/2016 ON I.A.NO.3 FILED BY THE PETITIONER UNDER SECTION 125 OF CODE OF CRIMINAL PROCEDURE AS PER ANNEXURE - A AND CONSEQUENTLY
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ALLOW THE SAID APPLICATION AS PRAYED FOR IN THE APPLICATION AS PER ANNEXURE -C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
There is no representation on behalf of petitioner.
Smt.Rama R.Iyer., learned counsel for respondent has appeared in person.
The captioned Writ Petition is filed challenging the order dated:10.07.2017 passed by the II Addl. Principal Judge, Family Court, Bengaluru on an interim application in Crl.Misc.No.212/2016.
The Registry concerned has furnished the e-court case status of Crl.Misc.No.212/2016 and it depicts that the Family Court has disposed of the main case on 21.06.2019.
As already noted above, the petition is filed questioning the order on an interim application. As is
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well known that the interim order merges with the final order.
In view of the disposal of the main case, nothing survives for consideration.
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 interim maintenance order survives as the main case has been disposed of.
2 provisions across 2 enactments
Sri K.Srinivas
Smt. Kamakshi Dixit
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
