Sri Ajit Ranka vs Smt Preethi Ranka
2022 Latest Caselaw 5205 Kant

                           1

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF MARCH, 2022

                       PRESENT

        THE HON'BLE MR. JUSTICE ALOK ARADHE

                          AND

   THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

  MISCELLANEOUS FIRST APPEAL No.3277/2015


BETWEEN:

SRI AJIT RANKA
AGED ABOUT 41 YEARS,
S/O MAHAVEER. K. RANKA,
R/AT NO.7, 30TH CROSS,
4TH BLOCK, JAYANAGAR,
BANGALORE-560011.                      ... APPELLANT

(BY SRI S.SREEVATSA, SR. COUNSEL FOR
    SRI M.N.UMESH, ADV.)

AND:

SMT. PREETHI RANKA
AGED ABOUT 36 YEARS,
R/AT NO.8/32,
SINDHOOR BULL TEMPLE ROAD,
BASAVANAGUDI,
BANGALORE-560004.                 ... RESPONDENT

(BY SRI RAAM PRASAD.B.S., ADV.)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 47(a) OF THE GUARDIANS AND WARDS ACT
AGAINST THE JUDGMENT AND DECREE DATED 17.3.2015
PASSED IN G & W.C.NO.266/2012 ON THE FILE OF THE
PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, PARTLY
                            2

ALLOWING THE PETITION FILED U/SEC. 7 & 25 OF GUARDIAN
& WARDS ACT.

      THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                   JUDGMENT

Sri.S.Sreevatsa, learned senior counsel for the

appellant.

Sri.Raam Prasad.B.S., learned counsel for the

respondent.

This appeal under Section 47(a) of the Guardians

and Wards Act, 1890 has been filed against the judgment

dated 17th March 2015 passed by the Family Court,

Bengaluru, by which the petition filed by the appellant

under Sections 7 and 25 of the Guardians and Wards Act,

1890 has been allowed in part.

2. At the outset, learned senior counsel for the

appellant submitted that the elder son born from the

wedlock viz., Master Arisht Ranka shall be 18 years of

age on 25th March 2022. It is further submitted that

younger son viz., Master Arahan Ranka is 14½ years old

now. It is also submitted that the order on the petition

filed under Sections 7 and 25 of the Guardians and

Wards Act, 1890 was passed seven years ago and there

has been a change in circumstance.

3. Learned senior counsel for the appellant submits

that the appeal be disposed of with liberty to the

appellant to file an application seeking modification of the

judgment dated 17th March 2015.

4. On the other hand, learned counsel for the

respondent has opposed the aforesaid prayer.

5. Taking into account the fact that the judgment was

passed seven years ago and considerable time has

elapsed since then and the facts of the case, we are

inclined to permit the appellant to seek modification of

the judgment dated 17th March 2015. Needless to state

that in case an application seeking modification of the

judgment dated 17th March 2015 is filed before the

Family Court, the Family Court after affording an

opportunity of hearing to the parties shall decide the

same.

With the aforesaid liberty, the appeal is disposed

of.

Sd/-

JUDGE

Sd/-

JUDGE

KNM/-