Allowed

Sri. Aashrith Dayanand v. Nil

Karnataka HC27 Jun 2023MFA/4208/2023

Case brief

AI extract

What is this about?

The High Court allowed the appeal, setting aside the Family Court's dismissal of the divorce petition for want of prosecution. Relying on the appellants' undertaking to appear and submit compliance, the order of dismissal was quashed and the matter remanded.

What did the court decide?

The order dated 09.06.2023 dismissing the petition for want of prosecution was set aside; parties directed to appear on 30.06.2023 to report compliance.

Sri. Aashrith Dayanand Vs Nil — Matrimonial and Divorce | Karnataka HC (2023)

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- 1 - NC: 2023:KHC:22150-DB MFA No. 4208 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JUNE, 2023

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PRESENT

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THE HON'BLE MR JUSTICE ALOK ARADHE AND

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS FIRST APPEAL NO. 4208 OF 2023 (FC)

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BETWEEN:

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SRI. AASHRITH DAYANAND S/O SRI DAYANAND D C AGED ABOUT 33 YEARS, R/AT NO 972, 2ND MAIN ROAD, 4TH BLOCK, RAJAJINAGAR, BENGALURU 560 010

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Digitally signed by BELUR RANGADHAMA NANDINI

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Location: HIGH COURT OF KARNATAKA

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REPRESENTED BY HIS SPA HOLDER SMT P N PURNIMA, W/O SRI D C DAYANAND, AGED ABOUT 54 YEARS, R/AT NO.972, 2ND MAIN ROAD, 4TH BLOCK, RAJAJINAGAR, BENGALURU 560 010.

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SMT CHAITHRA LINGAPPA D/O SRI LINGAPPA M AGED ABOUT 29 YEARS, OCCUPATION SENIOR ENGINEER IN A MNC, R/AT NO 1578, 5TH BLOCK, VISVESWARAIAH BDA LAYOUT,

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2 - NC: 2023:KHC:22150-DB MFA No. 4208 of 2023

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MAGANAHALLI CROSS, ULLAL MAIN, BENGALURU 560 056

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…APPELLANTS

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(BY SRI. PADMANABHA V MAHALE, SR. COUNSEL FOR SRI. JAYARAJ D S., ADVOCATE)

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AND:

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NIL.

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…RESPONDENT

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MFA FILED U/O.43 RULE 1(A) OF THE CPC, PRAYING SET ASIDE THE ORDER DT.09.06.2023 PASSED IN MC NO.5019/2022 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU.

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THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, ALOK ARADHE J. DELIVERED THE FOLLOWING:

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JUDGMENT

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The order impugned in this appeal dated 09.06.2023, not being an interlocutory order, appeal against such order is maintainable. Therefore, the office objection with regard to maintainability of the appeal is ignored.

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Heard Sri.Padmanabha V. Mahale, learned Senior Counsel appearing for the appellants on behalf of Sri.Jayaraj D.S., counsel on record.

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3 - NC: 2023:KHC:22150-DB MFA No. 4208 of 2023

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This appeal under Section 19(1) of the Family Court Act, 1984, has been filed against the order dated 09.06.2023 passed by the Family Court by which, petition filed by the parties under Sectin13(B) of the Hindu Marriage Act, 1955, has been dismissed for want of prosecution.

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Learned Senior Counsel for the appellants submits that the appellants have jointly filed a petition seeking dissolution of marriage under Section 13(B) of the Hindu Marriage Act. It is further submitted that the appellants are ready and willing to submit the compliance report before the learned Judge of the Family Court on such date as may be fixed by this Court. It is assured by the learned counsel for the appellants that the appellants shall appear each and every date as may be fixed by the Family Court.

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In view of the aforesaid undertaking furnished by the learned Senior Counsel for the appellants and in the interest of justice, order dated 09.06.2023 passed by the III Additional Principal Judge, Family Court, Bengaluru, in M.C.No.5019/2022 is set aside.

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4 - NC: 2023:KHC:22150-DB MFA No. 4208 of 2023

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The parties are directed to appear before the III Additional Principal Judge, Family Court, Bengaluru, on 30.06.2023. On the aforesaid date, the appellants shall report compliance with the directions contained in the order dated 15.10.2022. Thereafter, the Family Court shall proceed to deal with the matter expeditiously.

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Accordingly, the appeal is allowed .

SD/JUDGE

SD/JUDGE

List No.: 1 Sl No.: 16

Sri. Aashrith Dayanand v. Nil

Case brief

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Sri. Aashrith Dayanand v. Nil

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