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Mrs. Akshatha Jain K M Vs Mr Sheetal L Patil — Matrimonial and Divorce | Karnataka HC (2025)

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Karnataka HC
2025
Mrs. Akshatha Jain K M Vs Mr Sheetal L PatilMrs. Akshatha Jain K M v. Mr Sheetal L Patil

Dismissed¶34

Mrs. Akshatha Jain K M v. Mr Sheetal L Patil

Karnataka HC15 Apr 2025RPFC/73/2025

Case brief

AI extract

What is this about?

Karnataka High Court at Bengaluru, RPFC No. 73 of 2025, decided 15.04.2025 by Justice Pradeep Singh Yerur. Petitioner: Mrs. Akshatha Jain K. M. (counsel: Sri Manju S.); Respondent: Mr. Sheetal L Patil. Maintainability of a revision petition under Section 19(2) and (4) of the Family Courts Act, 1984 against the order dated 19.12.2024 in M.C.No.2802/2023 (VI Additional Principal Judge, Family Court, Bengaluru) allowing a divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act; maintainability objection sustained in view of Section 19(1); petition dismissed as withdrawn with liberty to pursue appropriate remedy. Keywords: maintainability, interim application, revision petition, Family Courts Act Section 19, withdrawal, Family Court Bengaluru.

What did the court decide?

Liberty reserved to the petitioner to seek appropriate remedy before the appropriate Court.

Why is it important?

The issue of maintainability of the petition raised by the Registry is sustained. ¶31

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to seek appropriate remedy before the appropriate Court.

Issue for consideration

Maintainability of the revision petition filed under Section 19(2) and (4) of the Family Courts Act, 1984 against the Family Court's order, where the petitioner's grievance relates to an interim application not disposed of on merits and the final order on the divorce petition has already been passed.

Court's answer

The issue of maintainability of the petition raised by the Registry is sustained.

Ratio / Principle

The petition is dismissed as withdrawn, reserving liberty to the petitioner to seek appropriate remedy before the appropriate Court.

Detailed headnote1 paragraphs

Revision petition (RPFC No. 73 of 2025) filed under Section 19(2) and (4) of the Family Courts Act, 1984 by the wife against the order dated 19.12.2024 passed in M.C.No.2802/2023 by the VI Additional Principal Judge, Family Court, Bengaluru, allowing a divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act. The Registry raised an objection as to maintainability, which the Court sustained in view of Section 19(1) of the Family Courts Act, noting that the petitioner's grievance related to an interim application filed during the pendency of the divorce petition which was not disposed of on merits, the final order on the divorce petition having already been passed. On counsel's request, the petition was dismissed as withdrawn with liberty to seek appropriate remedy before the appropriate Court. Single Judge: Pradeep Singh Yerur, J.; decided 15.04.2025.

A

1 - NC: 2025:KHC:16068 RPFC No. 73 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF APRIL, 2025

BEFORE

THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR REV.PET FAMILY COURT NO. 73 OF 2025

BETWEEN:

MRS. AKSHATHA JAIN K. M., D/O. MAHAVEER K. B., W/O. SHEETAL PATIL, AGED ABOUT 37 YEARS, R/AT NO. 162, 9^th CROSS, 6^th BLOCK, 2^nd STAGE, NAGARBHAVI, BENGALURU - 560 072.

…PETITIONER

(BY SRI. MANJU S. ADVOCATE)

AND:

Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka

MR. SHEETAL L PATIL, S/O. LAKSHMANAGOUDA H. PATIL, C/O. SHARANAPPA B MUCHUDI, AGED ABOUT 40 YEARS,

WAS RESIDING AT

R/AT. M. N. BILLALI BUILDING, 4^th CROSS, RAJARAJESHWARI NAGAR, NEAR SHLOKA BIRLA SCHOOL, RANEBENNUR, HAVERI - 561 115.

AT PRESENT RESIDING AT: "SRI.BASAVESHWARA KRUPA" 3^rd CROSS, VAGEESH NAGAR,

2 - NC: 2025:KHC:16068 RPFC No. 73 of 2025

NEAR JYOTI SCHOOL OF NURSING, MEDLERI ROAD, RANEBENNUR, HAVERI - 561 115.

MOBILE NO. 7829467794/7019408310 E-MAIL ID [email protected]

…RESPONDENT

THIS RPFC IS FILED UNDER SECTION 19(2) AND (4) OF THE FAMILY COURT ACT, 1984 AGAINST THE ORDER DATED 19.12.2024 PASSED IN M.C.NO.2802/2023 ON THE FILE OF VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING PETITION FILED UNDER ORDER SECTION 13(1)(i-a) OF THE HINDU MARRIAGE ACT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Learned counsel for petitioner is present before this Court.

Registry has raised objections with regard to the maintainability of the appeal.

In view of Section 19(1) of Family Courts Act, 1984,

the grievance of the petitioner is that of the interim application filed by her during the pendency of the divorce petition which

3 -

NC: 2025:KHC:16068 RPFC No. 73 of 2025

was not disposed of on merits and the final order on the divorce petition is passed by the learned Judge of the Family Court. Hence the petitioner is before this Court by way of Revision Petition.

The Registry has raised the issue of maintainability of this petition. The issue of maintainability raised by the registry is sustained.

Learned counsel for the petitioner seeks leave of this Court to withdraw this petition with liberty to file appropriate proceedings and challenge the order of the Family Court.

In view of the above circumstances, this petition is

dismissed as withdrawn reserving liberty to the petitioner to seek appropriate remedy before the appropriate Court.

Sd/(PRADEEP SINGH YERUR) JUDGE

AMM

List No.: 1 Sl No.: 11

Issues for consideration

1 issue framed by the court

AI extract

1.
Maintainability of the revision petition filed under Section 19(2) and (4) of the Family Courts Act, 1984 against the Family Court's order, where the petitioner's grievance relates to an interim application not disposed of on merits and the final order on the divorce petition has already been passed.¶31
The court held
The issue of maintainability of the petition raised by the Registry is sustained.ratio¶31

Statutes considered

3 provisions across 2 enactments

AI extract

Family Courts Act, 198419(2) and 19(4)¶20 19(1)¶26
Hindu Marriage Act13(1)(i-a)¶20

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 19.12.2024 in M.C.No.2802/2023 passed by the VI Additional Principal Judge, Family Court, Bengaluru, allowing the divorce petition filed under Section 13(1)(i-a) of the Hindu Marriage Act.¶20
VI Additional Principal Judge, Family Court, Bengaluru · 19.12.2024
Prior proceeding
Registry raised objections with regard to the maintainability of the appeal/petition.¶25
Prior proceeding
Petitioner's grievance concerned an interim application filed by her during the pendency of the divorce petition.¶27
Prior proceeding
The interim application was not disposed of on merits and the final order on the divorce petition was passed by the learned Judge of the Family Court.¶30

Parties & counsel

AI extract

petitioner
Mrs. Akshatha Jain K. M.¶7
Manju S.
respondent
Mr. Sheetal L Patil¶12

Coram

AI extract

Pradeep Singh Yerurauthor¶22

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 15 Apr 2025 · April
Registered: 17 Mar 2025
Case no.: RPFC/73/2025
CNR: KAHC010180762025
Topic: Matrimonial and Divorce
Bench: Pradeep Singh Yerur
Disposal: DISMISSED
Case type: RPFC

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Cite this judgement

Mrs. Akshatha Jain K M v. Mr Sheetal L Patil, RPFC/73/2025 (KA), decided on 15 April 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Family Courts Act, 198419(2) and 19(4) · 19(1)
Hindu Marriage Act13(1)(i-a)

View all statutes

Procedural history4

Order dated 19.12.2024 in M.C.No.2802/2023 passed by the VI Additional Principal Judge, Family Court, Bengaluru, allowing the divorce petition filed under Section 13(1)(i-a) of the Hindu Marriage Act.VI Additional Principal Judge, Family Court, Bengaluru · 19.12.2024
Registry raised objections with regard to the maintainability of the appeal/petition.
Petitioner's grievance concerned an interim application filed by her during the pendency of the divorce petition.

View full history

Bench / Coram

Pradeep Singh Yerur

Parties & counsel