Smt. Namaithapovaiah vs K.U. Povaiah @ Vivek
2022 Latest Caselaw 1705 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 03RD DAY OF FEBRUARY, 2022

                      PRESENT

       THE HON'BLE MRS.JUSTICE S.SUJATHA

                        AND

   THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

             M.F.A. CROB No.9/2017 (FC)
                         IN
              M.F.A. No.6378/2015 (FC)
BETWEEN:

SMT. NAMAITHA POVAIAH
W/O SRI. K.U.POVAIAH
AGED ABOUT 45 YEARS
RESIDING AT NO.22/2
ALFRED STREET, RICHMOND TOWN
BENGALURU-560 025.
                                  ...CROSS OBJECTOR

[BY SMT. GEETHA MENON, ADVOCATE (VC)]

AND:

SRI. K.U.POVAIAH @ VIVEK
AGED ABOUT 51 YEARS
RESIDENT OF LAKSHMI ESTATE-B
POLIBETTA P.O.
SOUTH COORG-571 215.
                                         ...RESPONDENT


     THIS MFA CROB IN MFA NO.6378/2015 IS FILED U/O
41 RULE 22 OF CPC, R/W SEC.19(1) OF FAMILY COURT ACT,
AGAINST THE JUDGMENT AND DECREE DATED 07.07.2015
PASSED IN M.C.NO.2845/2012 ON THE FILE OF THE
PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, ALLOWING
THE PETITION FILED U/S 13(1)(a) OF THE HINDU MARRIAGE
ACT.
                               2




      THIS MFA CROB COMING ON FOR ORDERS, THIS DAY,
S. SUJATHA J., DELIVERED THE FOLLOWING:


                      JUDGMENT

Learned counsel appearing for the cross-objector

submits that this cross-objection does not survive for

consideration, in view of the main appeal, MFA

No.6378/2015 having been withdrawn by the respondent

herein, as per order dated 26.04.2019.

The said submission is placed on record.

We have perused the copy of MFA No.6378/2015

dated 26.04.2019.

The said appeal has been dismissed as withdrawn.

In view of the main appeal having been dismissed

as withdrawn, as settled out of the Court, this cross-

objection does not survive for consideration. Hence, MFA

Crob.No.9/2017 requires to be dismissed.

Since the matter deserves to be dismissed as

aforesaid, condoning the delay of 290 days in filing the

cross objection, without issuing notice to the other side,

would not prejudice the other side. Hence, delay of 290

days in filing the cross-objection is condoned.

I.A.No.1/2017 is allowed.

In the result, MFA.Crob.9/2017 stands dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

BVK