Mrs. Sudha Mohanarangan Nee Kanaujiya vs Mr. K. Mohanarangan
2024 Latest Caselaw 26309 Kant

Karnataka High Court

Mrs. Sudha Mohanarangan Nee Kanaujiya vs Mr. K. Mohanarangan on 5 November, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                             -1-
                                                          NC: 2024:KHC:44411
                                                       RFA No. 2385 of 2024




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 5TH DAY OF NOVEMBER, 2024
                                           BEFORE
                            THE HON'BLE MR JUSTICE K.NATARAJAN
                           REGULAR FIRST APPEAL NO. 2385 OF 2024


                   BETWEEN:

                   MRS. SUDHA MOHANARANGAN NEE KANAUJIYA
                   AGED ABOUT 34 YEARS,
                   D/O RAMESH,
                   W/O MOHANARANGAN,
                   R/O OLD BARRACK T S O, ROOM NO.19,
                   CHEMBUR COMP., R C MARG,
                   MUMBAI-400007
                                                                ...APPELLANT
                   (BY SRI. UDAYA SHANKAR M., ADVOCATE)


                   AND:

                   MR. K. MOHANARANGAN
                   AGED ABOUT 49 YEARS,
Digitally signed
                   R/O NO.409, SRI VARI ENCLAVE,
by NANDINI D       HORAMAVU PO., BANGALORE-560074.
Location: High                                                ...RESPONDENT
Court of
Karnataka

                        THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE
                   1 OF CPC., AGAINST THE ORDER DATED 24.08.2022 PASSED
                   IN MC NO. 5080/2019 ON THE FILE OF II ADDITIONAL PRL.
                   JUDGE, FAMILY COURT, BENGALURU., PARTLY ALLOWING THE
                   APPEAL FILED BY THE PETITIONER U/S. 11 R/W SEC. 5(i) AND
                   12(1)(b) R/W SEC. 5(ii) OF THE HINDU MARRIAGE ACT 1955.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
                   JUDGMENT WAS DELIVERED THEREIN AS UNDER:

                   CORAM:    HON'BLE MR JUSTICE K.NATARAJAN
                                -2-
                                            NC: 2024:KHC:44411
                                          RFA No. 2385 of 2024




                         ORAL JUDGMENT

Office has raised an objection regarding maintainability of

the appeal under Section 96 of the CPC.

2. The learned counsel for the appellant submits that

previously the appellant had filed a review petition before the

High Court and the same was numbered as RPFC No.170/2024.

Thereafter, the review petition was withdrawn with liberty to

file the appeal under Section 19(4) of the Family Court Act.

But the learned counsel filed this Regular First Appeal which is

not maintainable.

3. In view of the above, at this stage learned counsel

is permitted to convert this appeal filed under Section 96 of

CPC into an appeal under Section 19(4) of the Family Court Act.

4. For the statistical purposes this appeal is disposed

of.

5. Office to assign new number and post before the

appropriate Bench.

Sd/-

(K.NATARAJAN) JUDGE

CHS