Sri.Kuna Janardhana S/O Late Kuna ... vs Smt.Ashwini D/O Saye Narasappa
2023 Latest Caselaw 2189 Kant

                                                         -1-
                                                                  MFA No. 103281 of 2019




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                     DATED THIS THE 12TH DAY OF APRIL, 2023

                                                      PRESENT
                                        THE HON'BLE MR JUSTICE R.DEVDAS
                                                         AND
                                      THE HON'BLE MR JUSTICE RAJESH RAI K
                                MISCELLANEOUS FIRST APPEAL NO. 103281 OF 2019
                                                        (FC-)
                              BETWEEN:

                                  SRI.KUNA JANARDHANA S/O LATE KUNA RUDRAPPA
                                  AGE: 39 YEARS, OCC: NIL,
                                  R/O: WARD NO.31, BEHIND AMBEDKAR SCHOOL,
                                  KOLAGALLU ROAD, INDIRA NAGAR, BALLARI.

                                                                              ...APPELLANT

                              (BY SRI. T HANUMAREDDY.,ADVOCATE)

                              AND:

                                  SMT.ASHWINI D/O SAYE NARASAPPA
                                  AGE 36 YEARS, R/O: DOOR NO.3-74,
           Digitally signed
           by
                                  CHINNA MASJID STREET, KODUMURU,
           MOHANKUMAR
MOHANKUMAR
B SHELAR
           B SHELAR
           Location:
           DHARWAD
           Date:
                                  DIST: KARNOOL, ANDRA PRADESH.
           2023.04.13
           11:26:19 -0700




                                                                            ...RESPONDENT

                              (RESPONDENT SERVED)

                                    THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT,
                              PRAYING TO ALLOW THE APPEAL AND SET-ASIDE THE ORDER DATED
                              17.06.2019 IN M.C.NO.2/2018 ON THE FILE OF THE PRINCIPAL
                              JUDGE, FAMILY COURT, BALLARI AND REMAND THE CASE WITH A
                              DIRECTION TO DECIDE THE CASE ON MERITS.

                                   THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
                              R.DEVDAS J., DELIVERED THE FOLLOWING:
                                -2-
                                       MFA No. 103281 of 2019




                           JUDGMENT

R.DEVDAS J., (ORAL):

Delay of 71 days in filing the appeal is condoned.

2. This appeal is filed under Section 19(1) of the

Family Courts Act, calling in question the impugned order dated

17.06.2019 passed by the Principal Judge, Family Court, Ballari

in M.C.No.2/2018.

3. The appellant herein had filed a petition seeking

divorce, under Section 13(1)(1a)(1b) of the Hindu Marriage

Act. During the course of the proceedings before the trial court,

an application seems to have been filed by the respondent in

I.A.No.5 seeking interim maintenance. The said application was

allowed by order dated 21.06.2018 directing the appellant

herein to pay Rs.8,000/- p.m. towards interim maintenance

and to pay Rs.20,000/- towards litigation expenses along with

Rs.500/- as travel expenses. Although the order was passed on

21.06.2018 on I.A.No.5, nevertheless, it was found that the

appellant was in arrears of payment of interim maintenance to

an extent of Rs.44,500/-. The trial court noticed that in spite of

giving several opportunities to the appellant, he did not comply

MFA No. 103281 of 2019

with the directions issued by the trial court. Accordingly, the

petition itself was dismissed by the impugned order.

4. Learned counsel for the appellant submits that the

trial court could not have dismissed the petition on the ground

that there is non-compliance of the interim order/directions

issued by the family court regarding payment of interim

maintenance.

5. Though notice is served on the respondent, the

respondent remains unrepresented.

6. We are of the considered opinion that the trial court

is required to consider the matter on merits. However, at the

same time a direction is also required to be issued to the

appellant herein to clear the arrears of maintenance.

7. Consequently, while allowing the appeal and setting

aside the impugned order dated 17.06.2019 passed by the

Principal Judge, Family Court, Ballari in M.C.No.2/2018, we also

direct the appellant herein to pay the arrears of maintenance

calculated till 31.03.2023. The payment shall be made in four

installments. The first installment of Rs.1,00,000/- shall be paid

on or before 27.05.2023. Thereafter, the next two installments

MFA No. 103281 of 2019

of Rs.1,00,000/- shall be paid by the appellant herein at the

interval of two months each. The last installment of the balance

amount shall be paid at the same interval of two months, after

the third installment.

8. The trial court shall issue notice to the respondent

and proceed with the matter and decide the same on merits.

9. The litigation expenses of Rs.10,000/- deposited by

the appellant in terms of the directions issued on 29.03.2023

shall stand transmitted to the trial court forthwith.

A copy of this order shall be communicated by the

registry to the Principal Judge, Family Court, Ballari.

Sd/-

JUDGE

Sd/-

JUDGE

MBS