High Court allowed Miscellaneous First Appeal transferred under Family Court Act. Parties submitted they reconciled and decided to cohabit. Court permitted withdrawal of lower court petition, set aside judgment/decrees, and disposed of the appeal.
Permitted withdrawal of M.C.No.1974/2009; set aside judgment and decree; disposed of appeal.
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 AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2020
PRESENT
THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA
AND
THE HON’BLE MR. JUSTICE N.S. SANJAY GOWDA
MISC. FIRST APPEAL No.7851/2017 (FC - DB)
BETWEEN :
SMT. SARITHA REDDY D/O. LATE BAYAPA REDDY AGED ABOUT 38 YEARS RESIDING AT NO.3/2b/3 13TH MAIN, 17TH CROSS J.P.NAGAR V PHASE BENGALURU – 560 078.
... APPELLANT
(BY SMT. GREESHMA GOWDA FOR SRI. RENY SEBASTIAN, ADVOCATE (VIDEO CONFERENCE) )
AND:
SRI. T.UDAY KUMAR REDDY S/O. T. OBI REDDY AGED ABOUT 44 YEARS R/O. NO.253, 23RD MAIN RAMANNA ROAD, AYODHYA NAGAR J.P.NAGAR V PHASE BENGALURU – 560 078.
ALSO AT : SRI. T.UDAY KUMAR REDDY S/O. T. OBI REDDY AGED ABOUT 44 YEARS R/O. H.NO.79/48A1
KRISHNANAGAR KURNOOL TOWN AND DISTRICT ANDHRA PRADESH – 518 002.
ALSO AT : E.P.I. NO.20060447 H.P. GLOBAL SOFT LTD. H.P.DIGITAL PARK AVENUE 39/40 ELECTRONIC CITY PHASE-2 BENGALURU – 560 100.
... RESPONDENT
(BY SRI. G. JAIRAJ, ADVOCATE (VIDEO CONFERENCE) )
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 11.08.2017 PASSED IN M.C.NO.1974/2009 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT AND DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ib) OF THE HINDU MARRIAGE ACT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is listed for admission.
presence of the parties, all appearing through Video Conference, submit jointly that the parties have decided to reconcile their differences and cohabit or reside together.
respondent submitted that the respondent may be permitted to withdraw M.C.No.1974/2009, which was disposed of by the VI Additional Principal Judge, Family Court, Bengaluru on 11th August, 2017. She also submitted that an affidavit has been filed by the respondent – husband in that regard.
if M.C.No.1974/2009 is permitted to be withdrawn, then the judgment and decree passed in the said petition may be set aside and the appeal may be disposed of accordingly, as the parties have decided to live together. She also submitted that the appellant has also filed an affidavit in that regard.
parties is placed on record. The parties also state the same. Their statements are also placed on record. Affidavits are perused by us. Consequently, the
respondent – husband is permitted to withdraw
M.C.No.1974/2009. As a consequence, the judgment and decree passed in M.C.No.1974/2009 is set aside.
It is needless to observe that the parties shall abide by the settlement that they have arrived at amongst themselves.
7. Ordered accordingly.
In view of disposal of the appeal, I.A.1/2017 stands disposed.
Sd/JUDGE
Sd/JUDGE
Mgn/-
3 issues framed by the court
Whether the appeal against a divorce decree shall be disposed of upon joint submission that parties have reconciled and resumed cohabitation.
Whether the lower court judgment allowing divorce under Section 13(1)(ia) can be set aside upon parties' reconciliation.
Whether the respondent's petition under Section 13(1)(ib) can be withdrawn upon parties' decision to live together.
3 provisions across 2 enactments
Smt. Saritha Reddy
Sri. T. Uday Kumar Reddy
B. V. Nagarathna
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
