NAGARAJAGOWDA N. Vs. N.MANJULA

JUDGEMENT

(1.) Aggrieved by the order passed in Crl.Misc.No.68/2023 dtd. 20/1/2024 by the Principal Senior Civil Judge, CJM, Kolar, W.P.No.5939/2024 is filed by the husband questioning the maintenance granted by the Family Court. C.P.No.447/2023 is filed by the wife seeking transfer of M.C.No.3655/2023 filed by the husband pending on the file of the III Addl. Principal Judge, Family Court, Bengaluru to the Principal Judge, Family Court, Kolar. W.P.No.14118/2024 is also filed by the wife seeking modification of the order passed in Crl.Misc.No.68/2023 dtd. 20/1/2024.

(2.) The parties are referred to as husband and wife for the sake of convenience.

(3.) The wife had filed the I.A. seeking interim maintenance of an amount of Rs.50,000.00 per month each to herself and to the son. The Trial Court before considering the application for maintenance had directed the husband to pay an amount of Rs.50,000.00 per month from the date of the order as a temporary measure. Aggrieved thereby the husband is before this Court by filing W.P.No.5939/2024 on the ground that when the case is filed before the Family Court and the Principal Judge, Family Court, Kolar had transferred it to the Senior Civil Court and the Senior Civil Judge has no jurisdiction to decide this issue and the other submission is that without even hearing the I.A., without giving an opportunity to the husband and without there being any material on record, the Court cannot pass an order granting interim maintenance of an amount of Rs.50,000.00 per month. In this case, an impleading application is filed on behalf of the Registrar General, wherein it is stated that this matter was already examined on the administrative side by the Administrative Judge as well as the Hon'ble Chief Justice and by order dtd. 21/12/2024, a direction was issued to file a petition under Sec. 482 of CrPC. It is stated that even before they could take further steps, the present writ petition is filed and all further proceedings in Crl.Misc.No.68/2023 passed by the Senior Civil Judge and JMFC, Kolar is stayed by the Court. Hence, the present impleading application is filed.