Sri. Sanjay vs Smt. Usha
2021 Latest Caselaw 3165 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 18TH DAY OF AUGUST, 2021

                       PRESENT

       THE HON'BLE MRS. JUSTICE B. V. NAGARATHNA

                          AND

        THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

  MISCELLANEOUS FIRST APPEAL NO.7190/2018 (MC)

BETWEEN:


SRI.SANJAY
S/O SRI SOHAN LAL
AGED ABOUT 41 YEARS
R/O MADHU TEXTILES
RANGENAHALLI VILLAGE
LAKKAVALLI HOBLI
TARIKERE TALUK
CHIKKAMAGALUR DISTRICT.
                                      ... APPELLANT
(BY MR. G.B.NANDISH GOWDA, ADVOCATE
    THROUGH V.C.)

AND:


SMT. USHA
W/O SRI SANJAY, D/O SRI MUNILALJI
AGED ABOUT 35 YEARS
R/AT SADESH MUKTHA
BASAVESHWARA ROAD
SHANBOGARA ROAD CROSS
                           2




ARASIKERE TOWN AND TALUK
HASSAN DISTRICT.
                                       ... RESPONDENT
(BY MR. P.D.SURANA, ADVOCATE)

     THIS M.F.A IS FILED UNDER SECTION 28(1) OF THE
HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND
DECREE DATED 17.07.2018 PASSED IN M.C.NO.22/2015
ON THE FILE OF THE SENIOR CIVIL JUDGE & PRL.JMFC,
TARIKERE, DISMISSING THE PETITION FILED BY THE
PETITIONER FILED UNDER SECTION 9 OF THE HINDU
MARRIAGE ACT.

     THIS M.F.A. COMING ON FOR ORDERS, THIS
DAY,    NAGARATHNA     J.,  DELIVERED   THE
FOLLOWING:


                      JUDGMENT

We have heard the learned counsel for the

respective parties.

2. This appeal is filed by the appellant-

husband being aggrieved by the judgment and decree

dated 17.07.2018 passed in M.C.No.22/2015 by the

Court of Senior Civil Judge and Principal JMFC,

Tarikere dismissing his petition filed under Section 9

of the Hindu Marriage Act, 1955.

3. It is submitted at the Bar that the

respondent-wife has filed M.C.No.45/2017 seeking the

dissolution of marriage by decree of divorce.

4. In the circumstances, we dispose of this

appeal reserving liberty to the parties to effectively

participate in M.C.No.45/2017.

5. In the event the respondent-wife herein is

unsuccessful in M.C.No.45/2017, then liberty is

reserved to the appellant-husband herein to revive

this appeal. In the meantime, the respondent-wife is

at liberty to seek both interim maintenance as well as

permanent alimony in M.C.No.45/2017 and in

accordance with law.

6. It is needless to observe that if any

application is filed seeking interim maintenance, the

same shall be considered expeditiously.

7. In view of the disposal of the appeal,

I.A.No.1/2021 stands disposed subject to the

aforesaid liberty.

Sd/-

JUDGE

Sd/-

JUDGE SSD