Disposed

Sri Suneel Kumar Yenamandra v. Smt Shruthi

Karnataka HC10 Feb 2021MFA/3759/2017

Case brief

AI extract

What is this about?

In this appeal under Section 19(1) of the Family Courts Act against a decree granting divorce, the High Court disposed of the petition without actual orders. It reserved liberty for the appellant to file a petition or seek amendment under Section 13(1A)(ii) of the Hindu Marriage Act regarding non-resumption of cohabitation and allowed the respondent to seek maintenance.

What did the court decide?

The appeal was disposed of. Liberty reserved to the appellant to file a petition or seek amendment under Section 13(1A)(ii) of the Hindu Marriage Act if unsuccessful in those proceedings. Liberty rese

Sri Suneel Kumar Yenamandra Vs Smt Shruthi — Matrimonial and Divorce | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA, BENGALURU

¶3

DATED THIS THE 10^TH DAY OF FEBRUARY, 2021

¶4

PRESENT

¶5

THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

¶6

AND

¶7

THE HON’BLE MRS. JUSTICE M.G. UMA

¶8

M.F.A.No.3759/2017 (FC)

¶9

BETWEEN:

¶10

SRI. SUNEEL KUMAR YENAMANDRA, S/O. LATE VISWESWARA RAO, AGED ABOUT 36 YEARS, RESIDING AT NO.12-1-331/125, DATTATREYA COLONY, ASIF NAGAR, HYDERABAD - 500 028. ... APPELLANT

¶11

(BY SRI. SACHIDANAND H.S., ADVOCATE)

¶12

AND:

¶13

SMT. SHRUTHI, W/O. SUNEEL KUMAR YENAMANDRA, D/O. M.S. SOMASHEKAR, AGED ABOUT 29 YEARS, NO.47/A, 14^TH CROSS, MAHALAKSHMI LAYOUT, BANGALORE - 560 086. ... RESPONDENT

¶14

(BY SRI. S. SRIKANTH, ADVOCATE FOR C/R)

¶15

¶16

THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, 1984 AGAINST THE JUDGMENT AND DECREE DATED 06.03.2017 PASSED IN M.C.NO.3767 OF 2014 ON THE

¶17

¶18

FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT.

¶19

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

¶20

J U D G M E N T

¶21

We have heard learned counsel for appellant.

¶22

Though the matter is listed to consider I.A.No.I/2020, which is an application filed seeking early hearing of the appeal, learned counsel for appellant submitted that the appellant - husband being aggrieved by the judgment and decree dated 06/03/2017 passed in M.C.No.3767/2014 by the Principal Judge, Family Court, Bengaluru, has preferred this appeal.

¶23

Learned counsel for appellant submitted that the respondent - wife had filed a petition under Section 9 of the Hindu Marriage Act, 1955 [hereinafter, referred to as "the Act", for the sake of brevity] and by the impugned judgment and decree dated 06/03/2017 the said petition has been allowed. He further submitted that till

¶24

¶25

18/07/2018, no interim order was granted by this Court, but on that date, an observation has been made that the matter shall not be precipitated.

¶26

Learned counsel for petitioner further submitted that the petitioner has now filed a petition under Section 13(1)(ia) of the Act, seeking dissolution of marriage by a decree of divorce on the ground of cruelty and the said matter is pending adjudication in the same Court. He submitted that permission may be granted to the appellant to also incorporate Section 13(1A) (ii) of the Act, so that the petitioner could seek divorce on the ground that there has been no resumption of cohabitation between the parties for one year since the date of impugned judgment and decree. Further, liberty may be reserved to the appellant herein to revive this appeal in case the appellant is unsuccessful in that proceeding.

¶27

Submission of learned counsel for appellant is placed on record.

¶28

¶29

In the circumstances, the appeal is disposed

¶30

by reserving liberty to the appellant herein for filing a petition under Section 13(1A)(ii) of the Act, either independently or by amendment of M.C.No.3317/2019 pending before the Family Court, Bengaluru.

¶31

In case the appellant is unsuccessful in that proceeding, liberty is reserved to the appellant to revive this appeal.

¶32

Liberty is also reserved to the respondent to seek maintenance from the appellant in accordance with law.

¶33

Ordered accordingly.

¶34

In view of disposal of the appeal, I.A.No.I/2020

stands disposed.

Sd/JUDGE

Sd/JUDGE

*mvs

Sri Suneel Kumar Yenamandra v. Smt Shruthi

Case brief

What is this about?

What did the court decide?

Sri Suneel Kumar Yenamandra v. Smt Shruthi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

State of Karnataka Vs Sri. N. Raghavendra Murthy

Sri. Huli Chamunda Nayaka Vs State of Karnataka

Sri Siddartha Education Society Vs Dr. B.H.Devaraju

Shailendra Kumar B Vs Smt. Hamsa S

Union of India Vs M/S Kala Enterprises

Union of India Vs M/S Kala Enterprises