Sri M Sridharan vs Smt Saraswathi
2022 Latest Caselaw 12436 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 13 T H DAY OF OCTOBER, 2022

                      PRESENT

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

                         AND

THE HON'B LE MR. JUS TICE T.G.SHIVASHANKARE GOWDA

          MFA NO.5155 OF 2014 (FC)

BETWEEN:

Sri M.Sridharan,
Aged 47 years,
Son of K.R.Muniswamy,
Residing care of
K.R.Muniswamy,
No.7, IV Cross,
Gupta Layout,
Ulsoor, Beng aluru-560008.
                                             ...Appellant
(By Sri Arjun Rego, Advocate)

AND:

Smt. Saraswathi,
Aged 37 years,
Wife of M.Sridharan,
Formerly residing care of
R.Nirmala in the Housing Board Quarters,
Kaverip atnam, Dharmapuri District,
Tamil Nad u,
Presently resid ing at
No.21, New Post Office Road,
7 t h Block, West K.R.Road ,
Jayanag ar, Bengaluru-560011.
                                           ...Respondent
(By Dr. Parvathy, Advocate - Ab sent)
                              :: 2 ::


       This MFA is filed under Section 19(1) of Family
Courts Act, 1983, against the judgment and d ecree
dated 19.04.2014 passed in M.C.No.3058/2009 on the
file of the I Additional Princip al Judge, Family Court,
Beng aluru, Dismissing the petition filed und er Section
13(1)(ia) and (ib) and Section 26 of Hindu Marriag e
Act.

       This MFA coming on for final hearing this d ay,
Sreenivas Harish Kumar J, made the following:

                         JUDGMENT

Sri Arjun Rego, learned counsel for the

appellant is present. Counsel for the respondent

is absent.

2. Sri Arjun Rego argues the matter for

sometime and then files a memo seeking

permission to withdraw the appeal concerning the

counter claim granted by the trial court. He also

seeks liberty to file a fresh petition for divorce on

the ground that the respondent/wife has not joined

the appellant after her counter claim for

restitution of conjugal rights was allowed.

:: 3 ::

3. The memo is placed on record. Appeal is

dismissed as withdrawn. Liberty is granted to the

appellant to file a fresh petition for divorce as

sought for, if any ground is available to him.

I.A.No.1/2014 does not survive for

consideration. It stands disposed of accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

Kmv/-