Smt Sumalatha B vs Sri Raju D
2022 Latest Caselaw 2202 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 10TH DAY OF FEBRUARY, 2022

                         PRESENT

           THE HON'BLE MRS.JUSTICE S.SUJATHA

                            AND

        THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

                  M.F.A.No.888/2022 (FC)

BETWEEN :

SMT.SUMALATHA.B
D/O BASAVARAJ.G.R.
AGED ABOUT 27 YEARS,
COMPUTER OPERATOR,
R/O BHAGATHSINGH NAGARA
6TH CROSS, DAVANAGERE-577 002.                ...APPELLANT

             (BY SRI.HAREESH BHANDARY.T., ADV.)

AND :

SRI RAJU.D
S/O DURUGAPPA,
AGED ABOUT 29 YEARS,
AUTO DRIVER,
R/O LINGAYITARA ONI,
NITUVALLI,
BEHIND DURGAMMA TEMPLE
NEAR POST OFFICE,
DAVANAGERE-577 002.                         ...RESPONDENT


        THIS M.F.A. IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
                         -2-

17.07.2021 PASSED IN M.C.NO.213/2020 ON THE FILE OF THE
JUDGE, FAMILY COURT, DAVANAGERE, ALLOWING THE JOINT
PETITION   FILED   UNDER SECTION    13-B   OF   THE HINDU
MARRIAGE ACT, 1955.

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


                      JUDGMENT

This appeal is directed against the order dated

17.07.2021 passed in M.C.No.213/2020 on the file of

the Judge, Family Court at Davanagere whereby the

joint petition filed by the parties herein under Section

13-B of the Hindu Marriage Act, 1955 ['Act' for short]

seeking decree of divorce of their marriage solemnized

on 08.07.2019 by mutual consent is allowed.

2. In view of the joint petition being allowed as

aforesaid, the appeal preferred against the said consent

decree passed on the joint petition filed under Section

13-B of the Act is not maintainable.

Hence, the Writ Appeal stands dismissed with

liberty to the appellant to seek redressal of her

grievance before the appropriate Forum in accordance

with law.

Sd/-

JUDGE

Sd/-

JUDGE

NC.