Manjunath Prasad R vs Smt. Swathi S.P. (Madhushree)
2022 Latest Caselaw 12131 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 19TH DAY OF MARCH, 2021

                       PRESENT

       THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA

                            AND

    THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

               M.F.A.No. 2098/2020 (FC)

BETWEEN:

Manjunath Prasad.R,
S/o P.Ramaswamy,
Aged about 37 years,
R/o No.304, Thapovana Apartment,
Industrial Subrub, J.P.NAgar,
Mysuru - 570 008.                     ... Appellant

(By Sri.Ravi.R, Advocate)

AND:

Smt. Swathi.S.P.(Madhushree),
W/o Manjunath Prasad.R.,
Aged about 27 years,
R/o No.74, Mahadeshwara Nilaya,
Gowrishankar Nagar, Ooty Road,
Mysuru, No.187, Gowrishankar Nagar,
Ooty Road, Mysuru - 570 025.          ... Respondent

(By Smt. P.V.Kalpana, Advocate )
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     This appeal is filed under Section 19(1) of Family
Court Act, against       the   judgment   and    decree
dated:21.11.2019 passed in M.C.No.467/2018 on the file
of the III Additional Principal Judge, Family Court,
Mysuru, dismissing the petition filed under Section
13(1)(ia) of the Hindu Marriage Act.

   This appeal coming on for Admission this day,
NAGARATHNA, J., delivered the following:

                         JUDGMENT

1. We have heard learned counsel for the appellant -

husband and learned counsel for the respondent - wife.

2. Appellant's husband submits that though this

appeal assails the judgment and decree dated

21.11.2019 passed in M.C.No.467/2018 by the III

Additional Principal Family Judge, Mysuru, by which, the

petition filed by the appellant - husband has been

dismissed, nevertheless, the appellant is willing to take

back the wife and to reside with her. Therefore, he does

not wish to prosecute this appeal any further.

3. In the circumstances, this appeal is dismissed,

reserving liberty to the appellant to revive this appeal in

the event the parties are unable to cohabit together or

reconcile their differences.

4. In view of disposal of the appeal in the aforesaid

terms, liberty is also reserved to the appellant to seek

quashing of the proceedings initiated by the respondent

under Section 498A read with Section 307 of IPC.

Ordered accordingly.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

GH