The High Court of Karnataka dismissed the revision petition as withdrawn. The court held that an appeal lies under Section 19(1) rather than revision under Section 19(4) to challenge the family court decree on divorce and alimony.
Revision petition dismissed as withdrawn with liberty to file appeal within 15 days.
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 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 154 OF 2024
BETWEEN:
SRI.SURESH MOOLYA S/O KARIYAPPA MOOLYA AGED ABOUT 42 YEARS R/AT KAJE HOUSE 4-47 SACHARI PETE, MUNDAKURU KARKALA TALUK UDUPI DISTRICT-576 121
…PETITIONER
(BY SMT.K.VANI, ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
SMT.MALATHI W/O SURESH MOOLY A D/O CHANDAPPA MOOLYA AGED ABOUT 38 YEARS R/AT NO. 1-80,(96), LATHA NILAYA, ATTHURU PAKSIKERE, KAPIKAD MANGALURU, D.K.-575 020
…RESPONDENT
THIS RPFC FILED UNDER SEC.19(4) OF FAMILY COURTS ACT., AGAINST THE JUDGMENT AND DECREE DATED 27.03.2024 PASSED IN M.C. NO.184/2023 ON THE FILE OF PRL. JUDGE, FAMILY COURT, D.K., MANGALURU., DECREEING THE PETITION FILED UNDER SEC.13(1) OF THE HINDU MARRIAGE ACT, 1955, FOR DIVORCE ON THE GROUND OF ADULTERY AND CRUELTY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
Office has raised an objection with regard to the maintainability of the petition in view of Section 19(1) of the Family Courts Act.
NC: 2024:KHC:35934 RPFC No. 154 of 2024
trial Court, an appeal lies to this Court. Accordingly the following:
ORDER
SD/- (LALITHA KANNEGANTI) JUDGE
MEG
List No.: 1 Sl No.: 38
2 issues framed by the court
Whether a revision petition lies under Section 19(4) of the Family Courts Act when the original decree under Section 13(1) of the Hindu Marriage Act is maintainable under Section 19(1).
Whether the revision petition challenging alimony award while leaving the divorce decree is maintainable.
3 provisions across 2 enactments
SURESH MOOLYA
MALATHI
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
