Karnataka High Court
Sri. Abhishek Kumar Chandan vs Smt. Nivedita Nischal on 13 March, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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MFA No. 6529 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO. 6529 OF 2016 (FC)
BETWEEN:
SRI. ABHISHEK KUMAR CHANDAN
AGED ABOUT 36 YEARS,
S/O KAMTA PRASAD SINGH
PRESENTLY R/AT C/O # 64, MADHUMITRA ESTATE,
BANDENALLASANDRA ROAD,
NEAR VINAYAKA NAGAR,
JIGANI, BANGALORE - 560 105.
ALSO AT NO.5, 2ND FLOOR, SNEHA RESIDENCY,
NORTH BLK, 3RD CROSS, BABUREDDY ROAD,
BANGALORE-560068.
...APPELLANT
(BY SMT. DIVYA RAMESH, ADVOCATE)
Digitally
signed by
RUPA V AND:
Location:
High Court of SMT. NIVEDITA NISHCHAL
Karnataka
AGED ABOUT 31 YEARS,
W/O SRI ABHISHEK KUMAR CHANDAN,
D/O JITENDRA PRASAD,
C/O NO. 137, MLA COLONY, BMP ROAD,
AFHIYANA, RAJA BAZAR, PATNA,
BIHAR - 800014.
AND ALSO AT
SMT. NIVEDITA NISHCHAL,
AGED ABOUT 31 YRS
W/O SRI ABHISHEK KUMAR CHANDAN
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MFA No. 6529 of 2016
D/O JITENDRA PRASAD,
TOWN/VILLAGE SHIVAPUR
ANCHAL (DIVISION)-KESATH DISTRICT-BAKASAR
BIHAR - 802 125.
...RESPONDENT
(BY SMT.ANUBHA SRIVASTAVA, ADVOCATE)
---
THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURTS
ACT AGAINST THE JUDGMENT AND DECREE DATED: 8.6.2016
PASSED IN M.C NO.1335/2015 ON THE FILE OF THE III
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU,
DISMISSING THE PETITION FILED U/SEC 13(1)(ia) OF THE
HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY ALOK
ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
With consent of the parties, the appeal is heard
finally.
2. This appeal under Section 19(1) of the Family
Courts Act, 1984 has been filed against judgment and
decree dated 08.06.2016 passed by the Family Court in
M.C.No.1335/2015 by which the petition filed by the
appellant under Section 13(1)(ia) of the Hindu Marriage
Act, 1955 (hereinafter referred to as 'the Act') has been
dismissed.
MFA No. 6529 of 2016
3. Admittedly, the appellant is resident of
Bangalore whereas respondent is the resident of Patna
in the State of Bihar. The appellant had filed a petition
under Section 13 of the Act before the III Addl. Prl.
Judge, Family Court, Bangalore on or about
20.03.2015. It is also not in dispute that the
respondent / wife on receipt of notice of the proceeding,
filed transfer petition namely TP (Civil) No.1590/2015 in
which the Hon'ble Supreme Court passed the following
interim order on 26.10.2015:
"Issue notice.
There shall be stay of further proceedings of
Matrimonial Case No. 1335 of 2015 titled as
Sri Abhishek Kumar Chandan Vs. Smt.
Nivedita Nishchal pending in the Court of
Principal Family Judge at Bangalore,
Karnataka."
4. It appears that the aforesaid interim order was
not brought to the notice of the Family Court. The
MFA No. 6529 of 2016
Family Court proceeded exparte against the respondent
and thereafter, vide judgment dated 08.06.2016, has
dismissed the petition filed by the appellant.
Subsequently, the Hon'ble Supreme Court, by an order
dated 05.01.2017, dismissed the transfer petition as
having been rendered infructuous. The proceedings
before the Trial Court have been taken in contravention
of the impugned order passed by the Hon'ble Supreme
Court. Therefore, on this ground alone, no sanctity can
be attached to the judgment dated 08.06.2016 passed
by the Family Court. Therefore, the judgment dated
08.06.2016 passed in M.C.No.1335/2016 is set aside.
The matter is remitted to the Family Court who shall
give an opportunity to the respondent to file statement
of objections and thereafter, shall afford an opportunity
to the parties to adduce evidence and thereafter, to
proceed to deal with the petition in accordance with law.
MFA No. 6529 of 2016
Needless to state that the parties are granted liberty to
amend / file pleadings.
Accordingly, the appeal is disposed of.
Consequently, the pending interlocutory
application is also disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RV
