Wife sought a direction to the Family Court, Bengaluru to dispose of her interim maintenance application (I.A.No.4/2018) in her husband's divorce petition M.C.No.1780/2017, pending six years. The High Court directed disposal within eight weeks and disposed of the writ petition.
Direction to Family Court to dispose of I.A.No.4/2018 within eight weeks.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3276 OF 2024 (GM-FC)
BETWEEN:
SMT. VANATHY RAJKUMAR, AGED ABOUT 47 YEARS, D/O RAJKUMAR, RESIDING AT NO. 40, GONIKUPPA RASTHI, BALAPHAC, BLOCK 2, VIRAJPET, KODAGU DISTRICT – 571 218. ALSO AT SRI MANJUNATHA MOTOR SERVICES, PANJARPET, VIRAJPET, KODAGU DISTRICT – 571 218. ALSO AT NO. T3, 3RD FLOOR, CANTERBURY APARTMENTS, NORRIS ROAD, LANGFORD TOWN, BANGALORE – 560 025. …PETITIONER
(BY SRI. SACHIN B.S, ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
MR. K. HARISH KUMAR, AGED ABOUT 50 YEARS, S/O LATE SRI. T.N. KOSAIRAM, RESIDING AT NO. 152/2-2, WHEELER ROAD, FRAZER TOWN, BANGALORE – 560 005.
…RESPONDENT
(BY SRI. P.B. RAJU, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE PRL. JUDGE FAMILY COURT AT BANGALORE TO DISPOSE OF THE IA NO.4 IN M.C.NO.1780/2017 AS EXPEDITIOUSLY AS POSSIBLE OR WITHIN THE TIME FRAME FIXED BY THIS COURT AS PER ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present Writ Petition is filed seeking the
following prayer:
the respondent herein filed a petition seeking divorce in M.C.No.1780/2017 on the file of the Prl. Judge, Family
Court, Bengaluru and the petitioner herein has filed an I.A.No.4/2018 seeking interim maintenance.
the said I.A. was filed on 01.01.2018 and till now, the Court has failed to consider her application and failed to grant any maintenance. Hence, she is before this Court seeking a direction to the Court below to dispose of the pending I.A. When the matter came up on the last occasion, the petitioner was permitted to serve notice on
the counsel representing the respondent in the Court below. As per the order passed by this Court, they have served the notice on 08.02.2024 and also field a memo in that regard. There is no appearance on behalf of the respondent.
In the facts and circumstances of the case, the writ petition is disposed of directing the Court below to dispose of the I.A.No.4/2018 as expeditiously as possible but not later than eight weeks. Accordingly, the writ petition is disposed of.
SD/JUDGE
JS, List No.: 1 Sl No.: 29 CT: BHK
1 issue framed by the court
Whether the Family Court could be directed to decide a 2018 interim maintenance application in a pending divorce petition within a fixed timeframe.
1 provisions across 1 enactments
Smt. Vanathy Rajkumar
Mr. K. Harish Kumar
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
