Sri Suresh Moolya vs Malathi
2024 Latest Caselaw 22399 Kant

Karnataka High Court

Sri Suresh Moolya vs Malathi on 3 September, 2024

                                          -1-
                                                     NC: 2024:KHC:35934
                                                  RPFC No. 154 of 2024




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 3RD DAY OF SEPTEMBER, 2024

                                        BEFORE
               THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                     REV.PET FAMILY COURT NO. 154 OF 2024
            BETWEEN:

                SRI.SURESH MOOLYA
                S/O KARIYAPPA MOOLYA
                AGED ABOUT 42 YEARS
                R/AT KAJE HOUSE 4-47
                SACHARI PETE, MUNDAKURU
                KARKALA TALUK
                UDUPI DISTRICT-576 121
                                                            ...PETITIONER
            (BY SMT.K.VANI, ADVOCATE)

            AND:

                SMT.MALATHI
                W/O SURESH MOOLY A
                D/O CHANDAPPA MOOLYA
                AGED ABOUT 38 YEARS
Digitally       R/AT NO. 1-80,(96),
signed by       LATHA NILAYA, ATTHURU
SUVARNA T       PAKSIKERE, KAPIKAD
                MANGALURU, D.K.-575 020
Location:                                                 ...RESPONDENT
HIGH
COURT OF          THIS RPFC FILED UNDER SEC.19(4) OF FAMILY COURTS ACT.,
KARNATAKA   AGAINST THE JUDGMENT AND DECREE DATED 27.03.2024 PASSED
            IN M.C. NO.184/2023 ON THE FILE OF PRL. JUDGE, FAMILY COURT,
            D.K., MANGALURU., DECREEING THE PETITION FILED UNDER
            SEC.13(1) OF THE HINDU MARRIAGE ACT, 1955, FOR DIVORCE ON
            THE GROUND OF ADULTERY AND CRUELTY.

                 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
            WAS MADE THEREIN AS UNDER:

            CORAM:    HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                                     -2-
                                                   NC: 2024:KHC:35934
                                                 RPFC No. 154 of 2024




                              ORAL ORDER

Office has raised an objection with regard to the

maintainability of the petition in view of Section 19(1) of the

Family Courts Act.

2. The present M.C. is filed under Section 13(1) of the

Hindu Marriage Act seeking divorce on the ground of adultery

and cruelty. The marriage between the parties dated

07.12.2024 is dissolved by way of a decree of divorce which

shall come into force only after expiry of 90 days from the date

of decree and the trial Court had awarded alimony of an

amount of Rs.7,50,000/- and also an amount of Rs.20,000/-

from the petitioner/husband against that order. Aggrieved

thereby, the petitioner/husband has filed this RPFC.

3. Learned counsel appearing for the petitioner/husband

submits that he is questioning only the alimony but not the

decree of divorce. As such, they have filed an RPFC and the

office has taken the objection with regard to the

maintainability.

4. The office objections are sustained and in view of

section 19(1) of the Family Courts Act, against the order of the

NC: 2024:KHC:35934

trial Court, an appeal lies to this Court. Accordingly the

following:

ORDER

i. Accordingly, the revision petition is dismissed as withdrawn with a liberty to file the appropriate petition within a period of 15 days from the date of the receipt of the copy of this order.

ii. The registry shall return all the papers to the petitioner.

iii. All I.As. in this petition shall stand closed.

SD/-

(LALITHA KANNEGANTI) JUDGE

MEG