The High Court of Karnataka dismissed an appeal filed under Section 28(1) of the Hindu Marriage Act, 1955 against a modification of maintenance decree. The court allowed the dismissal because the parties reached a settlement before admission.
The appeal was dismissed as not pressed due to settlement between the parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2020
PRESENT
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON’BLE MR. JUSTICE RAVI V.HOSMANI
MISCELLANEOUS FIRST APPEAL NO.7053 OF 2015 (MC)
BETWEEN:
SMT. GUNIYAKUMARI W/O SURESH J., D/O MOHANLAL, AGED ABOUT 34 YEARS, C/O. MAMATHA CREATIONS, DODDA BASTHI ROAD, HASSAN. NOW RESIDING AT APPAJAPPA VATARA, MARIYAPPANA GALLI, BALEGARARA STREET, HASSAN-573 201.
... APPELLANT
(BY SRI. GURURAJ R., ADVOCATE FOR SRI. VIGHNESHWAR S. SHASTRI, ADVOCATE)
AND:
SRI. SURESH J., S/O JOHARMAL TEJAJI GEHLOTH, AGED ABOUT 36 YEARS, PROP. MARUTHI MEDICALS, N.H.206, TARIKERE TOWN, TARIKERE, CHIKMAGALUR DISTRICT-577101.
... RESPONDENT
(RESPONDENT IS SERVED AND UNREPRESENTED)
THIS APPEAL IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT, 1955, AGAINST THE JUDGMENT AND DECREE DATED 20.06.2015 PASSED IN M.C. NO.37/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, PRINCIPAL JMFC, TARIKERE, ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J ., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant submits that there is a settlement between the parties and that the appeal may be dismissed as not pressed.
counsel appearing for Sri Vighneshwar S. Shastri is placed on record.
pressed in view of the settlement arrived at between the
parties.
Sd/-
JUDGE
Sd/-
JUDGE
sma
1 issue framed by the court
Whether the appeal filed under Section 28(1) of the Hindu Marriage Act should be admitted in light of a post-decree settlement between parties.
2 provisions across 1 enactments
Smt. Gunyakumari W/o Suresh J.
Sri. Suresh J.
B.V. Nagarathna
Ravi V. Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
