Dismissed

Sri. Sreenivas M J v. Smt. B E Uma

Karnataka HC4 Dec 2020MFA/7806/2017

Case brief

AI extract

What is this about?

Appeal filed under Section 19(1) of the Family Courts Act against the dismissal of a divorce petition. The court dispensed with hardware hearing and dismissed the appeal as it was withdrawn by the appellant. Liberty was granted to parties to file a mutual consent petition and to revive the appeal if necessary.

What did the court decide?

The appeal was dismissed as withdrawn, though liberty was granted to the parties to prosecute the mutual consent petition and to revive this appeal if said petition fails.

Sri. Sreenivas M J Vs Smt. B E Uma — Matrimonial and Divorce | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 04^TH DAY OF DECEMBER, 2020

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PRESENT

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THE HON'BLE Mrs. JUSTICE B.V. NAGARATHNA

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AND

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THE HON’BLE Mr. JUSTICE N.S.SANJAY GOWDA

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M.F.A. No.7806 OF 2017 [FC]

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BETWEEN:

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SRI. SREENIVAS. M.J. S/O M. JAYANNA, AGED ABOUT 42 YEARS, R/AT EDEHALLI, BHADRAVATHI -577 301 SHIVAMOGGA.

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... APPELLANT

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(BY SRI PRASHANTH CHANDRA S.N. ADVOCATE) (THROUGH VIDEO CONFERENCE)

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AND:

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SMT. B.E. UMA W/O M.J. SREENIVAS, AGED ABOUT 44 YEARS, R/AT VENKATADRI NILAYA, 2^ND MAIN, 1^ST CROSS, VIJAYANAGARA, TUMAKURU – 572 101.

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... RESPONDENT

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(BY SRI. HARISH H.V. ADVOCATE)

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THIS APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 30.06.2017 PASSED IN M.C.NO.39/2016 (M.C.95/2015) ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, TUMAKUR, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(i-a) (i-b) OF THE HINDU MARRIAGE ACT, FOR DISSOLUTION OF MARRIAGE.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:

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J U D G M E N T

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The appellant is the husband while the respondent is the wife. The appellant has assailed the judgment and decree dated 30.06.2017 passed in M.C. No.39/2016 (MC No.95/2015) by the Principal Judge, Family Court, Tumakur, by which his petition seeking dissolution of marriage by a decree of divorce was dismissed.

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Learned counsel for the appellant submits that

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a memo is filed stating that the parties, with an intervention of the advocates and well-wishers, have decided to dissolve their marriage by mutual consent and a petition under Section 13B(1) of the Hindu Marriage Act, 1955 has been filed on 02.12.2020 before the Principal Judge, Family Court, Tumkur. Hence, permission may be granted to the appellant to withdraw this appeal with liberty to the parties to prosecute Sl.No.740/2020.

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The Memo is taken on record and perused.

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The appeal is dismissed as withdrawn. The

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withdrawal of this appeal shall not come in the way of consideration of the petition under Section 13B of the Act.

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In the event the petition filed under Section 13B by

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the parties is not allowed, then liberty is reserved to the appellant-husband to revive this appeal.

Ordered accordingly.

Sd/JUDGE

Sd/JUDGE

RK/-

Sri. Sreenivas M J v. Smt. B E Uma

Case brief

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Sri. Sreenivas M J v. Smt. B E Uma

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