Smt B Banu vs Sri Harsha G P
2023 Latest Caselaw 4671 Kant

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                                                   NC: 2023:KHC:25118-DB
                                                      MFA No.2706 of 2018




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 19TH DAY OF JULY, 2023
                                        PRESENT
                         THE HON'BLE MR. JUSTICE ALOK ARADHE
                                          AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                    MISCELLANEOUS FIRST APPEAL NO.2706 OF 2018 (FC)
               BETWEEN:

Digitally      1.    SMT. B. BANU
signed by            D/O BASAVALINGAIAH
RUPA V               AGED ABOUT 36 YEARS
Location:            R/AT NO.20, 23RD MAIN
High Court           11TH F CROSS, J C NAGAR
of Karnataka         KURUBARAHALLI, BANGALORE-560 086.
                                                             ...APPELLANT
               (BY SRI. SHIVANANDA S, ADV., FOR
                   SRI. MANU SHANKAR S.S. ADV.,)

               AND:

               1.    SRI. HARSHA G.P.
                     S/O DR. G.N. PRABHAKAR
                     AGED ABOUT 38 YEARS
                     R/AT NO.37/17, 27TH CROSS
                     12TH MAIN, 4TH BLOCK EAST
                     JAYANAGAR, BANGALORE-560 011.
                                                           ...RESPONDENT
               (BY SRI. B. RAVISHANKAR, ADV.,)


                     THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
               COURT ACT, 1984, AGAINST THE JUDGMENT AND DECREE
               DATED 03.01.2018 PASSED IN M.C.NO.2270 OF 2013 ON THE
               FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY
               COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER
               SECTION 13(1)(ia) AND (ib) OF THE HINDU MARRIAGE ACT,
               1955.
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                                   NC: 2023:KHC:25118-DB
                                      MFA No.2706 of 2018




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

                       JUDGMENT

This appeal under Section 19(1) of the Family

Courts Act, 1984 has been filed by the wife against

the judgment dated 03.01.2018 passed in

M.C.No.2270/2013 by which petition filed by the

respondent / husband under Section 13 of the

Hindu Marriage Act, 1955 (hereinafter referred to as

'the Act' for short) seeking dissolution of marriage on

the ground of cruelty and desertion has been

allowed.

2. Learned counsel for the appellant

submitted that the appellant / wife had filed an

application under Section 25 of the Act as well as an

application under Section 151 of Code of Civil

Procedure in the proceeding instituted by the

respondent / husband under Section 13 of the Act.

NC: 2023:KHC:25118-DB MFA No.2706 of 2018

However, the family court has not decided the

aforesaid applications preferred by the appellant

under Section 25 of the Act for interim maintenance

as well as the application under Section 151 of Code

of Civil Procedure seeking to return the belongings

of the appellant / wife while pronouncing the

judgment dated 03.01.2018. It is submitted that

the appellant is not aggrieved by the decree of

dissolution of marriage and the same be affirmed.

However, the family court be directed to decide the

application under Section 25 of the Act and Section

151 of Code of Civil Procedure filed by the appellant.

3. Learned counsel for the respondent has

submitted that he has no objection to the aforesaid

prayer.

NC: 2023:KHC:25118-DB MFA No.2706 of 2018

4. In view of the aforesaid submission and

taking into account the fact that the Interlocutory

Applications filed by the appellant / wife were not

decided by the family court while pronouncing the

judgment on 03.01.2018, it is directed that the

family court shall decide the applications filed by the

appellant under Section 25 of the Hindu Marriage

Act, 1955 and Section 151 of Code of Civil Procedure

after hearing the parties expeditiously. The

judgment and decree dated 03.01.2018 insofar as it

directs dissolution of marriage is affirmed.

5. Learned counsel for the parties undertake

to appear before the family court along with a copy

of this order on 21.08.2023.

NC: 2023:KHC:25118-DB MFA No.2706 of 2018

With the aforesaid direction, the appeal is

disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

SS