R. Shyamu vs Smt. Komala (Shruthi)
2021 Latest Caselaw 4025 Kant

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 12TH DAY OF NOVEMBER, 2021

                             PRESENT

           THE HON'BLE MR. JUSTICE B. VEERAPPA

                              AND

         THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA

       MISCELLANEOUS FIRST APPEAL No.8609/2016 (FC)

BETWEEN:

R. SHYAMU,
S/O. RANGASWAMY,
AGED ABOUT 34 YEARS,
R/AT NO.1244, 3RD CROSS,
3RD STAGE, R.S. NAIDUNAGAR,
MYSURU-570 007.
                                             ...APPELLANT
(BY SMT. P.C. SUNITHA, ADVOCATE)

AND:

SMT. KOMALA (SHRUTHI)
D/O. SOMASHEKARA,
AGED ABOUT 31 YEARS,
R/AT D. NO. 13, 3RD BLOCK,
KANIYAR ROAD, MAMBALLY,
YELANDUR TALUK,
MYSURU DISTRICT-577.
                                           ...RESPONDENT

(BY SRI P. NATARAJU, ADVOCATE)
                                   2




      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND
DECREE DATED 06.10.2015 PASSED IN M.C.NO.323/2011 ON THE FILE
OF THE JUDGE, ADDITIONAL FAMILY COURT, MYSURU, REJECTING THE
PETITION FILED UNDER SECTION 13(1)(ia)(iii) OF HINDU MARRIAGE
ACT.

      THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR         ORDERS
THIS DAY, B.VEERAPPA J., DELIVERED THE FOLLOWING:


                          JUDGMENT

The present Miscellaneous First Appeal is filed by the

appellant - husband against the Judgment & Decree dated

6.10.2015 made in M.C. No.323/2011 on the file of the Judge, Addl.

Family Court, Mysuru, rejecting the petition filed under Section

13(1)(ia)(iii) of the Hindu Marriage Act.

2. Today, Smt. P.C. Sunitha, learned counsel for the

appellant - husband offered Rs.30,000/- (Rupees thirty thousand

only) out of balance amount of arrears of maintenance of

Rs.73,290/-. The same is acknowledged by the learned counsel for

the respondent in the open Court.

3. Learned counsel for the parties rightly and fairly submit

that parties filed M.C. No.24/2017 under Section 13B of the Hindu

Marriage Act, 1955 for decree of divorce by mutual consent.

Smt. P.C. Sunitha, learned counsel for the appellant - husband

fairly submit that the present appeal may be disposed off with

liberty to parties to pursue their rights in the said pending

Matrimonial Case.

4. In view of the above, the Miscellaneous First Appeal is

disposed off with liberty to both the parties to pursue their rights

in the Matrimonial Case pending between the parties, in accordance

with law.

It is needless to observe that it is always open for the

respondent - wife to file an application for arrears of maintenance,

before the Court where Matrimonial Case filed under Section 13B of

the Hindu Marriage Act, is pending between the parties.

Sd/-

JUDGE

Sd/-

JUDGE Gss*