Smt. Dhanalakshmi vs Sri. Ramu
2021 Latest Caselaw 3231 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 25TH 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.3149/2021 (FC)

BETWEEN:

SMT. DHANALAKSHMI
W/O. SRI. RAMU,
AGED ABOUT 44 YEARS,
R/AT NO. 2, F BLOCK
NEW POLICE QUARTERS,
VALAGERAHALLI,
KENGERI UPANAGARA,
BENGALURU-560 060.
                                        ... APPELLANT
(BY SRI. RAVI PRAKASH.V., ADVOCATE)

AND:

SRI. RAMU
S/O. MUNIRANGAPPA,
AGED ABOUT 47 YEARS,
R/AT NO. 2208,
NEAR KANAKADASA SCHOOL,
5TH CROSS, SHIVANANDANAGAR,
MOODALAPALYA, NAGARBHAVI ROAD,
BENGALURU-560 072.
                                      ... RESPONDENT
(BY SRI. G.C. SHANMUKHA, ADVOCATE)
                                    2




     THIS M.F.A IS FILED UNDER SECTION 19(1) OF
FAMILY COURTS ACT AGAINST THE JUDGMENT AND
DECREE DATED 05.07.2021 PASSED IN MC NO.4083/2017
ON THE FILE OF THE IV ADDITIONAL PRL. JUDGE, FAMILY
COURT, BENGALURU, ALLOWING THE PETITION FILED
UNDER SECTION 13(1)(ia) AND (ib) OF HINDU MARRIAGE
ACT.

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

                            JUDGMENT

Learned counsel for the respective parties namely

Sri.Raviprakash.V. and Sri.G.C.Shanmukha submitted that

despite the impugned judgment and decree dated

05.07.2021 passed in M.C.No.4083/2017 by the IV Addl.

Principal Judge, Family Court, Bengaluru for dissolution of

marriage between the parties by a decree of divorce

granted under Section 13(1)(ia)(ib) of the Hindu Marriage

Act, 1955, the parties have decided to live together as

they have reconciled their differences. Hence, the

respondent is seeking dismissal of petition filed in

M.C.No.4083/2017.

2. Consequently it was submitted at the Bar that

the impugned judgment and decree may be set aside and

it may be declared that the marriage between the parties

continues.

3. Learned counsel for the respective parties

further submitted that the parties have appeared virtually

through video conferencing.

4. We have queried Smt. Dhanalakshmi, the

appellant herein and Sri. Ramu, the respondent herein.

They have submitted that that they have indeed reconciled

their differences and have decided to live together as

husband and wife.

5. Sri. Ramu, the respondent further submitted

that the petition filed by him under Section 13(1)(1a)(1b)

of Hindu Marriage Act, 1955 may be dismissed.

6. Smt. Dhanalakshmi, the appellant herein

submitted that in view of the said plea of the respondent,

the impugned judgment and decree is set aside.

7. Their submissions made through video

conferencing are also placed on record.

8. In the circumstances, M.C.No.4083/2017 is

dismissed.

Consequently, the impugned judgment and decree

dated 05.07.2021 passed in M.C.No.4083/2017 by the IV

Addl. Principal Judge, Family Court, Bengaluru does not

have any efficacy and the said judgment is set aside.

It is further declared that the marriage between the

parties solemnized on 16.05.2004 at I.K. Kalyana

Mantapa, Hunsur, continues.

Office to draw up the decree in the aforesaid terms.

In view of the disposal of the appeal, I.A.No.1/2021

stands disposed.

Sd/-

JUDGE

Sd/-

JUDGE SSD CT-HR