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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05^TH DAY OF APRIL, 2021

BEFORE

THE HON'BLE MR. JUSTICE P. B. BAJANTHRI

WRIT PETITION NO.2230/2021 (GM - FC)

BETWEEN:

SRI. M.BALAKISHORE,

S/O SRI.M.ANJANAPPA,

AGED ABOUT 40 YEARS,

R/AT NOS.271, 130/8A, 142/8A,

HALU BHAVI ROAD,

NEAR GANESHA TEMPLE,

(NEXT TO KOPPI MANJUNATHA HOUSE),

VARTHUR,

BENGALURU – 560 087.

…PETITIONER

(BY SRI.DEVENDRA GOWDA R.R., ADVOCATE)

AND:

SMT.ROOPA,

D/O SRI.K.VENKATESH,

W/O SRI.M.BALA KISHORE,

AGED ABOUT 38 YEARS,

R/AT NO.1025, SAHASTHA NILAYAM,

2^ND FLOOR, 8^TH MAIN ROAD,

20^TH CROSS, 7^TH SECTOR,

HSR LAYOUT, (NEAR SHRE RANGAM SILKS),

BENGALURU – 560 102.

...RESPONDENT

(BY SRI.H.M.GIRISHA, ADVOCATE FOR C/R;

SRI.M.J.ALVA, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO

SET ASIDE THE ORDER DATED 08.10.2020 PASSED IN

M.C.NO.1634/2016

PASSED

BY

THE

HON’BLE

PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU

PASSED ON I.A.NO.3 FILED BY THE RESPONDENT

UNDER SECTION 24 OF HINDU MARRIAGE ACT 1955

AND ETC.

THIS

WRIT

PETITION

COMING

ON

FOR

PRELIMINARY HEARING, THIS DAY, THE COURT MADE

THE FOLLOWING:-

ORDER

In the instant petition, the petitioner has prayed for

the following reliefs:

1. "call for records in M.C.No.1634/2016 pending

before the Principal Judge, Family Court, Bengaluru.

2. Issue of writ in the nature of certiorari for setting

aside the order dated 08.10.2020 passed in

M.C.No.1634/2016 passed by the Hon'ble Principal

Judge, Family Court, Bengaluru passed on I.A.No.3

filed by the respondent under Section 24 of Hindu

Marriage Act, 1955.

3. Issue any other appropriate order, writ or direction

that this Hon'ble Court deems fit in the facts and

circumstances of the case.

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2.

Undisputed facts are that petitioner and

respondent were married at Kanipakkam, Chittoor,

Andhra Pradesh District on 11.12.2013. They were

blessed with boy baby on 11.09.2014. There were

certain disputes among petitioner and respondent. The

petitioner send legal notice on 09.10.2014 and it was

replied by respondent on 29.10.2014. Consequently, the

petitioner has filed petition under Section 9 of the Hindu

Marriage Act in M.C.No.4746/2014 for restitution of

conjugal rights. Thereafter, respondent filed a compliant

based

on

which

FIR

was

registered

in

crime

No.1535/2014 for the offences punishable under Section

3 and 4 of Dowry Prohibition Act, 1961 and Section 498A

read with 323 of IPC before the III ACMM Court,

Bangalore and it was later on transferred to the

jurisdictional police to Varthur police under fresh FIR in

crime

No.278/2014

which

was

re-registered

as

C.C.No.5691/2016

and

the

matter

is

pending

consideration.

The

respondent

has

filed

another

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complaint on 03.11.2014 before the IV MMTC, Bangalore

in Crl.Misc.No.198/2014 under Section 12 of Protection

of Women from Domestic Violence Act, 2005. The Court

has passed an award of interim maintenance by order

dated 07.02.2015.

3.

The petitioner is regularly paying the above

interim maintenance at Rs.3,000/- per month. In

M.C.No.4746/2014,

the

respondent

has

filed

an

application under Section 24 of Hindu Marriage Act for

maintenance at Rs.30,000/- p.m. for herself and her son

together with cost of litigation at Rs.25,000/-. Whereas,

a sum of Rs.1,000/- was directed to pay as interim

maintenance to the minor child and further directed the

petitioner to pay litigation expenses of Rs.2,000/-.

Thereafter, the matter was pending consideration. In

Crl.Misc.No.198/2014, the petitioner was directed to pay

a sum of Rs.4,00,000/- as compensation which is a

subject matter of appeal. The respondent has filed

I.A.No.3 under Section 24 of Hindu Marriage Act,1955

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wherein the trial court directed the petitioner to pay a

sum of Rs.8,000/- p.m. as interim maintenance to

respondent and his minor son Dikshit from the d