Smt D Latha Jain vs Sri Dilip Kumar Jain
2021 Latest Caselaw 2023 Kant

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   IN THE HIGH COURT OF KARNATAKA, BENGALURU

           DATED THIS THE 28TH DAY OF MAY, 2021

                           PRESENT

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

                            AND

   THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

               M.F.A. No.11995/2012 (FC)

BETWEEN:

SMT. D. LATHA JAIN
AGED ABOUT 35 YEARS,
D/O. SRI. DHANARAJ JAIN,
RESIDING AT NO.717/3,
SHARADAMMA GARDEN,
VINAYAKA TEMPLE STREET,
MINHAJ NAGAR,
BANGALORE - 560 079.                        ... APPELLANT

(BY SRI. M.D. ALAVANDAR, ADVOCATE (THROUGH V/C))

AND:

SRI. DILIP KUMAR JAIN
AGED ABOUT 44 YEARS,
S/O. SRI RATHANLAL JAIN,
RESIDING AT NO.11,
BEHIND J.K. MEDICALS,
MANJUNATHA ROAD,
10TH CROSS, KADIRENAHALLI,
BANGALORE - 560 070.                       ... RESPONDENT

(BY SRI F.S. DABALI, ADVOCATE (THROUGH V/C))

     THIS MFA IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE
DATED 02.11.2012 PASSED IN M.C.NO.477/2011 ON THE FILE
OF THE ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT-IV,
BANGALORE, DISMISSING THE PETITION FILED UNDER
SECTION 13(1)(ia) & (ib) OF HINDU MARRIAGE ACT, FOR
DISSOLUTION OF MARRIAGE.
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      THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:

                          ORDER

Learned counsel for the appellant submits that this

appeal may be disposed of reserving liberty to the

appellant and the respondent to file a joint petition under

Section 13B(1) of the Hindu Marriage Act, 1955

(hereinafter referred to as "the Act" for short) and in the

event the said petition is not allowed, liberty may be

reserved to the appellant herein to revive this appeal.

2. Submission of learned counsel for the appellant

is placed on record.

3. Respondent has no objection to the said

submission. The same is also placed on record.

4. In the circumstances, the appeal is disposed

of reserving liberty to the parties to file a joint petition

under Section 13B(1) of the Act. In the event the said

petition is not allowed or if the respondent does not agree

to the filing of such a petition, liberty is reserved to the

appellant to revive this appeal.

5. It is clarified that if a joint petition is filed by

the parties under Section 13B(1) of the Act, then the

dismissal of M.C.No.477/2011 by the judgment and decree

dated 02/11/2012 by the Additional Principal Judge, Family

Court - IV, Bengaluru, would not come in the way of

considering the said petition.

Ordered accordingly.

Sd/-

JUDGE

Sd/-

JUDGE S*