Sri. Murari vs Smt. Kavitha
2024 Latest Caselaw 6147 Kant

Karnataka High Court

Sri. Murari vs Smt. Kavitha on 29 February, 2024

                                               -1-
                                                          NC: 2024:KHC:8406-DB
                                                             MFA No.532/2024



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                      DATED THIS THE 29TH DAY OF FEBRUARY, 2024
                                            PRESENT
                           THE HON'BLE MRS JUSTICE K.S.MUDAGAL
                                              AND
                          THE HON'BLE MRS JUSTICE K.S. HEMALEKHA
                    MISCELLANEOUS FIRST APPEAL NO.532/2024(MC)

                   BETWEEN:

                   SRI.MURARI
                   S/O N H SHIVARAO
                   AGED ABOUT 52 YEARS
                   R/AT SHIVAPRASAD HOUSE
                   NARAVI VILLAGE
                   BELTHANGADY TALUK                              ...APPELLANT

                   (BY SRI.RAKSHITH KUMAR.,ADVOCATE)
                   AND:

                   SMT.KAVITHA
                   D/O BALAKRISHNA
                   AGED ABOUT 34 YEARS
                   R/AT SANIL APARTMENTS
Digitally signed   MOODBIDRI, MANGALORE TALUK
by PRABHU
KUMARA             ORIGINALLY R/AT
NAIKA              SHIVAPRASAD HOUSE
Location: High     NARAVI VILLAGE
Court of           BELTHANGADY TALUK                          ...RESPONDENT
Karnataka

                        THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER
                   43 RULE 1 (R) OF THE CODE OF CIVIL PROCEDURE, PRAYING TO SET
                   ASIDE THE IMPUGNED ORDER DATED 02.12.2023 ON IA NO.3
                   PASSED IN MC NO.28/2022 ON THE FILE OF THE PRL. SENIOR CIVIL
                   JUDGE AND JMFC, BELTHANGADY, DAKSHINA KANNADA.

                        THIS APPEAL COMING ON FOR ORDERS            THIS   DAY,
                   K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
                                        -2-
                                                    NC: 2024:KHC:8406-DB
                                                         MFA No.532/2024



                                 JUDGMENT

Heard the appellant's Counsel.

2. After disposal of the matrimonial case, wife filed an

application-I.A.No.II before the trial Court seeking custody of

the child of the couple. Appellant filed I.A.No.III seeking

rejection of the said application on the ground of

maintainability. The trial Court by the impugned judgment and

order has rejected the said application.

3. Order VII Rule 11 of CPC is not applicable to interim

applications. The appellant had to file objections to I.A.No.II

and opposed the same. More over by rejection of I.A.No.III, no

right of the parties is finally decided. Therefore, the appeal is

not maintainable.

Upholding office objections, the appeal is dismissed.

Liberty is reserved to the appellant to urge all the ground at

hearing of I.A.No.II before the trial Court.

Sd/-

JUDGE

Sd/-

JUDGE PKN