Wife challenged rejection of interim maintenance in a matrimonial case before the Family Court. Since the main case was disposed of during the writ proceedings and she filed an appeal (MFA No.2040/2024), the High Court held nothing survived in the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:28394 WP No. 57627 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JULY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 57627 OF 2017 (GM-FC)
BETWEEN:
MS. VIMALA EALUMALAI W/O DEEPU NAGARAJ, D/O R.EALUMALAI, AGED ABOAUT 27 YEARS, EARLIER R/AT NO.69/1, 2ND MAIN ROAD, TAVAREKERE, BENGALURU-560 029 PRESENTLY R/AT NO.7, 1ST CROSS, MUNIVENKATAPPA BLOCK, RAMA TENT ROAD, BENGALURU-560 045.
…PETITIONER
(BY SRI. NEHRU P., ADVOCATE)
AND:
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
MR. DEEPU. N S/O. NAGARAJ, EARLIER R/AT NO.69/1, 2ND MAIN ROAD, TAVAREKERE, BENGALURU-560 029. PRESENTLY R/AT NO.31/1, 4TH CROSS, KRISHNAMMA GARDEN, BENSON TOWN, BENGALURU-560 046.
…RESPONDENT
(BY SRI.M.R.HARISH KUMAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE PART OF THE IMPUGNED ORDER, REJECTING THE PRAYER FOR MAINTENANCE TO THE PETITIONER IN IA NO.3, PASSED IN M.C.NO.2167/2015,
NC: 2024:KHC:28394 WP No. 57627 of 2017
DATED:18.11.2017, BY THE LEARNED IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU VIDE ANNEXURE-A AND ALLOW THE PRAYER OF THE PETITIONER FOR RS.25,000/- P.M. FOR HERSELF AND THE CHILD.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Aggrieved by the order passed in I.A.No.3 in M.C.No.2167/2015, the petitioner/wife is before this Court.
It is submitted that during the pendency of this writ petition, the M.C. itself is disposed off. Against that, MFA No.2040/2024 is filed before this Court.
As this is an interlocutory application and as already final orders are passed, nothing survives to be decided in this writ petition.
Accordingly, the writ petition is dismissed as
infructuous.
All I.As. in the writ petition shall stand closed.
SD/(LALITHA KANNEGANTI) JUDGE
MEG, List No.: 1 Sl No.: 7
1 issue framed by the court
Does the writ petition survive after the main matrimonial case and an MFA against it have been disposed of?
1 provisions across 1 enactments
MS. VIMALA EALUMALAI
MR. DEEPU. N
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
