Allowed

Smt Vijayalaxmi W/O Nagaraj Karandi v. Sri Nagaraj Channappa Karandi

Karnataka HC10 Dec 2019MFA/8655/2014

Case brief

AI extract

What is this about?

This is a matrimonial appeal challenging a divorce decree. The High Court set aside the judgment of the lower civil court because it was passed without regard to a valid interim stay order in a related petition, remanding the matter.

What did the court decide?

The order dated 20.10.2014 passed in M.C.No.23/2013 was set aside; the case was restored to the file of the lower court; parties to appear on 8.01.2020.

Smt Vijayalaxmi W/O Nagaraj Karandi Vs Sri Nagaraj… — Matrimonial and Divorce | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF DECEMBER, 2019

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PRESENT

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THE HON’BLE MR. JUSTICE P.B.BAJANTHRI

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AND

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THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY

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M.F.A.NO.8655/2014 (MC)

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BETWEEN:

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SMT VIJAYALAXMI W/O. NAGARAJ KARANADI AGED ABOUT 25 YEARS, OCC: HOUSEHOLD WORK R/O. HUNGUND, NOW R/AT NO.704, N-MEG-B, 6^TH BLOCK, 5^TH CROSS, YELAHANKA, HOSANAGAR, BENGALURU-560064

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... APPELLANT

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(BY SRI. V M SHEELVANT : M L VANTI, ADVOCATE)

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AND:

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SRI. NAGARAJ CHANNAPPA KARANDI S/O. CHANNAPPA KARANDI, AGED ABOUT 32 YEARS, R/AT OPPOSITE MINI VIDHANA SOUDHA, HUNGUND-587118

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... RESPONDENT

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(BY SRI. NAGARAJ, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 28 OF HINDU MARRIAGE ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 20.10.2014 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, HUNGUND IN M.C.NO.23/2013.

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THIS MFA COMING ON FOR HEARING THIS DAY, P.B.BAJANTHRI, J . DELIVERED THE FOLLOWING:

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JUDGMENT

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The sole respondent is served and unrepresented.

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The appellant-wife has presented this appeal

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questioning the validity of the order dated 20.10.2014 passed in M.C.No.23/2013.

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The brief facts of the case is that, appellant and respondent got married on 20.04.2007. The appellant is stated to have left her matrimonial house, which has resulted in filing of a petition under Section 13(1) and 13 (1b) of the Hindu Marriage Act by the respondent, on the file of the Senior Civil Judge and JMFC, Hungund.

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During the pendency of M.C.No.23/2013, appellant filed C.P.No.194/2014 before this Court, wherein interim order was granted on 26.09.2014, staying further proceedings in M.C.No.23/2013, wherein the appellant has sought for transfer of M.C.No.23/2013 pending on the file of Senior Civil Judge and JMFC at

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Hunagund to any of the Court in Bengaluru, as she was the resident of Bengaluru at the relevant point of time. The said interim order was in vogue till the next date of hearing. As on 20.10.2014, the interim order granted on 26.09.2014 was in vogue. The Court below has not taken note of the existence of interim order as on 20.10.2014 and proceeded to pass the judgment and decree in favour of the respondent. In this backdrop, the appellant has presented this appeal in questioning the judgment and decree dated 20.10.2014 passed in M.C.No.23/2013.

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Having regard to the fact that, as on 20.10.2014, interim order was operating in C.P.No.194/2014 disposed of on 08.12.2014 in view of the order dated 20.10.2014 passed in MC No.23/2013, the Court below has committed error in deciding M.C.No.23/2013 contrary to the interim order dated 26.09.2014 passed in CP No.194/2014.

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Accordingly, the order dated 20.10.2014

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passed in M.C.No.23/2013 on the file of the Senior Civil Judge and JMFC, Hungund is set aside. M.C.No.23/2013

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is restored to file. The parties are hereby directed to appear before the Court below on 08.01.2020. Registry is hereby directed to return the LCR to the concerned jurisdictional Court at the earliest.

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Appeal is disposed of accordingly.

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In view of disposal of the appeal, I.A.1/2014 does

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not survive for consideration.

Sd/-

JUDGE

Sd/-

JUDGE

gab

Smt Vijayalaxmi W/O Nagaraj Karandi v. Sri Nagaraj Channappa Karandi

Case brief

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Smt Vijayalaxmi W/O Nagaraj Karandi v. Sri Nagaraj Channappa Karandi

Case brief

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