Smt. Dr. Sphoorthi Basavannaiah vs Sri. Arjun Raj B
2023 Latest Caselaw 1181 Kant

                                                -1-
                                                          MFA No. 1135 of 2020




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 3RD DAY OF FEBRUARY, 2023
                                              PRESENT
                              THE HON'BLE MR JUSTICE ALOK ARADHE
                                                AND
                          THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
                                   M.F.A. NO. 1135 OF 2020 (FC)
                   BETWEEN:
                   SMT. DR. SPHOORTHI BASAVANNAIAH
                   W/O ARJUN RAJ B
                   AGED ABOUT 32 YEARS
                   RESIDING AT NO.S-7, 2ND FLOOR
                   B BLOCK, STAFF QUARTERS
                   SUBBAIAH INSTITUTE OF MEDICAL
                   SCIENCES, NH-13, PURLE
                   HOLEBENAVALLI POST
                   SHIMOGA - 577222.
Digitally signed
by B A                                                               ...APPELLANT
KRISHNA
KUMAR              (BY MISS. SUDHARSANA M., ADV., FOR
Location: High
Court of               SRI ASHOK G.V., ADV.)
Karnataka
                   AND:
                   SRI ARJUN RAJ B
                   S/O B BASAVARAJ
                   AGED ABOUT 33 YEARS
                   NO.1126, 6TH MAIN
                   CHADURANGA ROAD
                   K-BLOCK, RAMAKRISHNA
                   NAGAR, MYSORE - 570 022.
                                                                    ...RESPONDENT
                   (BY SRI H.S. POORNIMA, ADV., FOR C/R - ABSENT)


                         THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURTS ACT,
                   1984,   PRAYING   AGAINST     THE     JUDGMENT    AND  DECREE
                   DT.05.11.2019 PASSED IN MC NO.263/2018 ON THE FILE OF THE I
                   ADDITIONAL PRL. JUDGE, FAMILY COURT, MYSURU, DISMISSING
                   THE PETITION FILED U/S.13(1)(i-a)(i-b) OF HINDU MARRIAGE ACT.
                                  -2-
                                            MFA No. 1135 of 2020




      THIS APPEAL, COMING ON FOR ADMISION, THIS DAY, ALOK

ARADHE J., DELIVERED THE FOLLOWING:


                             JUDGMENT

This appeal has been filed against the judgment and

decree dated 05.11.2019 by which the petition filed by the

appellant has been dismissed.

2. It is noteworthy that against the judgment and

decree dated 05.11.2019 by which petition filed by the

respondent under Section 9 of the Hindu Marriage Act, 1955

(for short the 'Act') is allowed. Thereafter, the appellant herein

has preferred Miscellaneous First Appeal No.2343/2020. The

aforesaid appeal was decided by the judgment dated

12.02.2021 with liberty to the appellant to file petition under

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

3. It is not in dispute that in pursuance of aforesaid

liberty, the appellant-wife filed petition under Section 13(1A)(ii)

of the Act.

MFA No. 1135 of 2020

4. In view of aforesaid, nothing survives for

adjudication in this appeal. Accordingly, the same is disposed

of.

Sd/-

JUDGE

Sd/-

JUDGE

NMS