Karnataka High Court
Smt. C. R. Shashikala vs Sri. Amaranarayana Swamy. S. V on 7 December, 2021
Bench: B.Veerappa, K S Hemalekha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 07TH DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA
MISCELLANEOUS FIRST APPEAL No.7568/2019 (FC)
BETWEEN:
SMT. C.R. SHASHIKALA
W/O AMARANARAYANA SWAMY
AGED ABOUT 56 YEARS
R/AT C/O NAGARAJU
NO.3, II MAIN, II CROSS
BASAVESHWARA EXTENSION
SIDDAGANGA MUTT ROAD
KYATASANDRA, TUMKURU - 572101.
...APPELLANT
(BY SRI GIRISH M.K, ADVOCATE)
AND:
SRI AMARANARAYANA SWAMY S.V
S/O S VENKATARAMANAIAH
AGED ABOUT 54 YEARS
R/O 'PUNYAKOTI NILAYA'
YATEENDRA ROAD
SARASWATHIPURAM
TUMKURU - 572101.
...RESPONDENT
(BY SRI HARISCHANDRA M, ADVOCATE FOR
SMT. VAISHALI HEGDE, ADVOCATE)
-2-
****
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 19(1) OF THE FAMILY COURT ACT,
PRAYING TO I) CALL FOR ENTIRE RECORDS OF
M.C.NO.252/2017, ADJUDICATED BEFORE PRINCIPAL
FAMILY COURT, TUMKURU II) SET ASIDE THE JUDGMENT
AND DECREE DATED 08.08.2019 PASSED IN M.C
252/2017 BY THE PRINCIPAL, JUDGE FAMILY COURT,
TUMAKURU. III) PASS SUCH OTHER ORDERS AS THIS
HON'BLE COURT MAY DEEM FIT AND PROPER IN THE
CIRCUMSTANCES OF THE CASE BY ALLOWING THIS
APPEAL.
THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ADMISSION THIS DAY, B.VEERAPPA J., DELIVERED
THE FOLLOWING:
JUDGMENT
The present Miscellaneous First Appeal has been
filed by the appellant- Wife against the impugned
judgment and decree dated 08.08.2019 made in
M.C.No.252/2017 on the file of the Principal Judge,
Family Court at Tumakuru, allowing the petition filed
by the respondent- husband under the provisions of
Section 9 of the Hindu Marriage Act for restitution of
conjugal rights.
2. Learned counsel for the respondent has
filed a memo dated 07.12.2021 along with a copy of
the Order Sheet and a copy of the memo dated
06.07.2021 filed by the petitioner/appellant herein
before the Principal City Civil Judge and JMFC at
Tumakuru in Crl.Misc.(DVA) 25/2017.
Said memo along with the documents are taken
on record.
3. It is stated in the memo dated 06.07.2021
that the petitioner and the respondent have
compromised the matter in Crl.Misc.(DVA) 25/2017
out of the Court and both the petitioner and the
respondent are living happily in the same house.
Further it is stated that the petitioner does not intend
to proceed the case. Based on the said memo, the
learned trial Judge by the order dated 14.08.2021
closed the case in Crl.Misc.(DVA) 25/2017 holding that
both the appellant and the respondent are living
happily in the same house and the petitioner does not
intend to proceed with the case. Accordingly, the
petition came to be dismissed as not pressed.
4. In view of the above, the present
Miscellaneous First Appeal does not survive for
consideration. Accordingly, the Miscellaneous First
Appeal is disposed off.
We are happy and wish the couples shall
continue together till end of their life.
Sd/-
JUDGE
Sd/-
JUDGE
PN
CT.GD
