Smt. Shruthi. H. R. vs Sri. Manu N. R.
2021 Latest Caselaw 3166 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.3368/2021 (MC)

BETWEEN:
SMT. SHRUTHI.H.R.
W/O. MANU N.R.
AGED ABOUT 27 YEARS
R/O. HONNEBAAGI VILLAGE
CHANNAGIRI TOWN
DAVANGERE DISTRICT-577 213.
                                      ... APPELLANT
(BY MR. V.B.SIDDARAMAIAH, ADVOCATE
    THROUGH V.C.)

AND:

SRI. MANU N.R.
S/O. RAJAPPA
AGED ABOUT 32 YEARS
R/O. TALYA VILLAGE & HOBLI
HOLALKERE TALUK, MOBILE: 8587037940
CHITRADURGA DISTRICT-577 527.

AND ALSO AT

STAFF NURSE
LOKANAYAKA HOSPITAL
METRO STATION CENTRAL
                           2




JAWAHARLAL NEHRU MARG
NEAR DELHI GATE
NEW DELHI-110 002.
                                      ... RESPONDENT

    THIS M.F.A IS FILED UNDER SECTION 28(1) OF THE
HINDU MARRIAGE ACT AGAINST THE JUDGMENT AND
DECREE DATED 23.10.2020 PASSED IN MC.NO.32/2020
ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
CHANNAGIRI, ALLOWING THE PETITION FILED U/S 13(B)
OF HINDU MARRIAGE ACT, 1955 CONSEQUENTLY THE
MARRIAGE OF THE PETITIONER IS DISSOLVED BY
DIVORCE BY MUTUAL CONSENT.
     THIS M.F.A. COMING ON FOR ORDERS, THIS
DAY,    NAGARATHNA     J.,  DELIVERED   THE
FOLLOWING:

                     JUDGMENT

Office has raised an objection with regard to the

maintainability of this appeal as impugned judgment

and decree is passed by consensus on a petition filed

under Section 13(B) of Hindu Marriage Act, 1955.

2. Learned counsel for the appellant

submitted that the reason for assailing the said

judgment and decree is on account of the fact that no

permanent alimony has been awarded to the appellant

and to the child.

3. In the circumstances, we sustain the office

objection and dispose of this appeal by reserving

liberty to the appellant herein to seek recall of the

impugned judgment and decree dated 23.10.2020

passed in M.C.No.32/2020 by the Senior Civil Judge &

JMFC, Channagiri.

4. It is needless to observe that if any

application is filed seeking recall of the impugned

judgment and decree, the same shall be considered by

the Trial Court in accordance with law.

Ordered accordingly.

Sd/-

JUDGE

Sd/-

JUDGE SSD