Mr Prakash B V vs Mrs Shashikala Prakash on 17 January, 2020

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Karnataka High Court

Mr Prakash B V vs Mrs Shashikala Prakash on 17 January, 2020

Bench: P.S.Dinesh Kumar

                            1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 17TH DAY OF JANUARY, 2020

                         BEFORE

        THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR

          WRIT PETITION No.35572/2019 (GM-FC)

BETWEEN:

MR PRAKASH.B.V
AGED ABOUT 50 YEARS
S/O VENKATESH.K
RESIDING AT NO.B-1201
AMODA VALMARK APT
DODDA KAMMANAHALLI ROAD,
OFF BANNERGHATTA ROAD,
BENGALURU-560083.
                                          ... PETITIONER

(BY SRI.VIKRAM UNNI RAJAGOPAL, ADV.)

AND:

1.     MRS SHASHIKALA PRAKASH
       AGED ABOUT 42 YEARS
       W/O PRAKASH
       ADDRESS NO.1492, 24TH MAIN ROAD,
       27TH CROSS, BSK 2ND STAGE,
       BENGALURU-560 085.

       ALSO AT NO.7527,5TH FLOOR,
       7TH BLOCK, WING 2,
       JANAPRIYA METROPOLIS APARTMENT,
       MOTINAGAR, HYDERABAD,
       TELANGANA-500045.
                             2


2.   MR.SAVIKIRAN S.M
     AGED ABOUT 42 YEARS
     S/O SANJEEVA RAO,
     RESIDING AT 17-A, FIRST FLOOR,
     PATTAMAL STREET,
     GURUSWAMY NAGAR, MUGALIVAKKAM,
     CHENNAI, TAMIL NADU-600125

     ALSO AT XOME INDIA,
     6TH FLOOR, BLOCK 5, DLF IT PARK,
     MANAPAKKAM, CHENNAI,
     TAMIL NADU-600 116.
                                          ... RESPONDENTS

(BY SRI.R.SWAROOP ANAND, ADV. FOR R1
    R2 SERVED)

      THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER
DATED     19.07.2019   ON    I.A.NO.VII  (ANNX-A)   IN
M.C.NO.4303/2017 PASSED BY THE COURT OF THE VI ADDL.
PRL. JUDGE, FAMILY COURT, BANGALORE AND CONSEQUENTLY
DISMISS IA NO.VII (ANNX-F)

     THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

Heard Sri.Vikram Unni Rajagopal, learned advocate for the petitioner and Sri.R.Swaroop Anand, learned advocate for respondent No.1.

2. Petitioner has filed a petition seeking divorce before the Family Court, Bangalore. Learned Family Judge 3 has directed the petitioner herein to pay a sum of Rs.20,000/- as interim maintenance to respondent No.1.

3. Learned advocate for the petitioner submits that both the children are staying with the petitioner and petitioner's income has drastically reduced for the last two years. Therefore, he is unable to pay Rs.20,000/- to respondent No.1. Learned advocate further submits that the petitioner has deposited entire arrears of interim maintenance.

4. By consent of both the parties, it is directed that the petitioner shall continue to pay a sum of Rs.12,000/- per month to respondent No.1 till disposal of petition before the Family Court. The petitioner has filed M.C.No.4303/2017 in the year 2017. Hence, the learned Family Judge is directed to dispose of the petition as expeditiously as possible and in any event within an outer 4 limit of nine months from the date of receipt of a certified copy of this order.

The petition is accordingly disposed of. In view of disposal of the petition, I.A.No.1/2019 for stay does not survive for consideration and the same stands disposed of.

Sd/-

JUDGE VM

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