Smt R V Bindu vs Sri Amaresh Kumar R
2023 Latest Caselaw 2969 Kant

                                          -1-
                                                  NC: 2023:KHC:19357-DB
                                                     MFA No.1581 of 2017




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 7TH DAY OF JUNE, 2023
                                        PRESENT
                         THE HON'BLE MR. JUSTICE ALOK ARADHE
                                          AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                    MISCELLANEOUS FIRST APPEAL NO.1581 OF 2017 (FC)
               BETWEEN:

               1.    SMT. R.V. BINDU
                     W/O SRI. AMARESH KUMAR
Digitally
signed by            AGED ABOUT 37 YEARS
RUPA V               R/AT NO.37, 1ST CROSS
Location:            25TH MAIN, 1ST SECTOR
High Court           HSR LAYOUT, BENGALURU-560 034.
of Karnataka                                                ...APPELLANT
               (BY SRI. G.M. SRINIVASAREDDY, ADV.,)
               AND:

               1.    SRI. AMARESH KUMAR .R
                     S/O RAMA REDDY
                     AGED ABOUT 47 YEARS
                     R/AT NO.14/62, 2ND MAIN ROAD
                     NANJAPPA LAYOUT, ADUGODI
                     BENGALURU-560 030.
                                                          ...RESPONDENT
               (BY SRI. ARVIND B. REDDY, ADV.,)

                    THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
               COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
               06.10.2016 PASSED IN M.C.NO.2406/2012 ON THE FILE OF
               THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT
               BENGALURU, ALLOWING THE PETITION FILED UNDER
               SECTION 9 OF THE HINDU MARRIAGE ACT.

                   THIS APPEAL COMING ON FOR HEARING, THIS DAY,
               ALOK ARADHE J., DELIVERED THE FOLLOWING:
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                                NC: 2023:KHC:19357-DB
                                   MFA No.1581 of 2017




                     JUDGMENT

This appeal under Section 19 of the Family

Courts Act, 1984 has been filed against the

judgment dated 06.10.2016 passed by the family

court by which the petition filed by the respondent

husband under Section 9 of the Hindu Marriage Act,

1955 (hereinafter referred to as 'the Act' for short)

has been allowed.

2. Learned counsel for the appellant

submitted that the decree for restitution of conjugal

rights has not been given effect to for a period of

more than one year and therefore, a ground seeking

dissolution of marriage under Section 13(1A) of the

Act has been accrued to the appellant. He therefore,

seeks leave of this court to withdraw this appeal

with liberty to file a petition under Section 13(1A) of

the Act.

NC: 2023:KHC:19357-DB MFA No.1581 of 2017

3. The aforesaid submission is placed on

record.

In the result, the appeal is dismissed as

withdrawn with the liberty aforesaid.

Sd/-

JUDGE

Sd/-

JUDGE

SS