Sri C Harish Kumar vs Smt. C S Jyothi
2022 Latest Caselaw 9377 Kant

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF JUNE 2022

                         PRESENT

       THE HON'BLE MR. JUSTICE ALOK ARADHE

                          AND

           THE HON'BLE MS.JUSTICE J.M. KHAZI

              M.F.A. NO.6343 OF 2015 (FC)
                          C/W
              M.F.A. NO.6342 OF 2015 (FC)

IN M.F.A.No.6343/2015:

BETWEEN:

SRI.C.HARISH KUMAR,
S/O SRI CHALUVAIAH,
AGED ABOUT 36 YEARS,
R/AT #33, ATTILAKKAMMA NILAYA,
5TH MAIN ROAD,
NEXT TO HOTEL MAYURA,
NEW BEL ROAD, RMV 2ND STAGE,
BENGALURU - 560 094.
                                            ... APPELLANT
(BY MR.SRINATHA B V, ADV., FOR
    MR.NANJUNDA GOWDA, ADV.,)

AND:

SMT.C.S.JYOTHI,
D/O SHANKARAIAH,
AGED ABOUT 33 YEARS,
R/AT CHILAKUNDA VILLAGE,
HUNSUR TALUK,
MYSORE - 571 133.
                                        ... RESPONDENT
(BY MR.VEERABHADRASWAMY, ADV.,)
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                          ---
      THIS M.F.A. IS FILED U/S 19(1) OF FAMILY COURT
ACT, AGAINST THE JUDGMENT AND DECREE DATED
17.7.2015 PASSED IN M.C.NO.275/2010 ON THE FILE OF
THE PRINCIPAL JUDGE, FAMILY COURT, MYSURU,
DISMISSING THE PETITION FILED U/SEC 13(1)(ia)(III) OF
HINDU MARRIAGE ACT.

IN M.F.A.No.6342/2015:

BETWEEN:

SRI.C.HARISH KUMAR,
S/O SRI CHALUVAIAH,
AGED ABOUT 36 YEARS,
R/AT #33, ATTILAKKAMMA NILAYA,
5TH MAIN ROAD,
NEXT TO HOTEL MAYURA,
NEW BEL ROAD, RMV 2ND STAGE,
BENGALURU - 560 094.
                                         ... APPELLANT
(BY MR.SRINATHA B V, ADV., FOR
    MR.NANJUNDA GOWDA, ADV.,)

AND:

SMT.C.S.JYOTHI,
D/O SHANKARAIAH,
AGED ABOUT 33 YEARS,
R/AT CHILAKUNDA VILLAGE,
HUNSUR TALUK,
MYSORE - 571 133.
                                        ... RESPONDENT
(BY MR.VEERABHADRASWAMY, ADV.,)
                          ---
      THIS M.F.A. IS FILED U/S 19(1) OF FAMILY COURT
ACT, AGAINST THE JUDGMENT AND DECREE DATED
17.7.2015 PASSED IN M.C.NO.408/2008 ON THE FILE OF
THE PRINCIPAL JUDGE, FAMILY COURT, MYSURU,
DISMISSING THE PETITION FILED U/SEC 9 OF HINDU
MARRIAGE ACT.
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     THESE APPEALS ARE COMING ON FOR HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                       JUDGMENT

None for the respondent.

These appeals under Section 19(1) of the Family

Court's Act, 1984 have been filed against the common

judgment an decree passed by the family court by

which petition filed by the respondent under Section

9 of the Hindu Marriage Act, 1955 (hereinafter

referred to as 'the Act' for short) has been allowed,

whereas, the petition filed under Section 13of the Act

by the appellant has been dismissed.

2. In these appeals, no stay of judgment and

decree was granted. In view of Section 13(1A)(ii) of the

Act, learned counsel for the appellants seeks liberty to

enable him to file the proceeding seeking dissolution

of marriage.

3. In view of the aforesaid submission and

taking into account the fact tat the decree of

restitution of conjugal rights, which was passed on

17.07.2015 is not given effect to for a period of more

than a year, we are inclined to permit the appellant to

file a fresh petition seeking dissolution of marriage

under Section 13(1A)(ii) of the Act.

With the aforesaid liberty, the appeals are

disposed of.

Sd/-

JUDGE

Sd/-

JUDGE SS