IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MR. JUSTICE K. NATARAJAN M.F.A. NO.2147 OF 2017 (MC) BETWEEN :
BYRASHETTY S/O NINGASHETTY AGED ABOUT 35 YEARS R/AT NO.2380, 4TH CROSS GANDHINAGR, MANDYA-571 401 ... APPELLANT (BY SRI D. S. HOSMATH, ADVOCATE) AND :
REKHA W/O BYRASHETTY D/O LATE A V KRISHNASHETTY AGED ABOUT 32 YEARS R/AT NO.1 TO 3 NEW MAIN ROAD AMRUTHUR TOWN KUNIGAL TALUK TUMKUR DISTRICT-572 111.
... RESPONDENT THIS M.F.A. IS FILED UNDER 80 READ WITH SECTION 151 OF C.P.C. PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM, MANDYA IN M.C. NO.104/2013 ON I.A. NO.2 DATED 11.01.2017 AND AWARD COSTS IN THE INTEREST OF JUSTICE.
THIS M.F.A. COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Office has raised an objection with regard to the maintainability of the appeal.
2. It is noted that the appeal is filed against an order passed under Section 24 of the Hindu Marriage Act, 1955 (for short, ‘the Act’) which is regarding interim maintenance. The order passed on I.A. No.2 is an interim order. Having regard to Section 28 of the Act, the appeal is not maintainable. In the circumstances, the appeal is dismissed as not maintainable. Office objection is sustained. Liberty is, however, reserved to the appellant to file any other proceeding, if so advised. Office to return certified copy of the impugned order to appellant’s counsel forthwith.
Sd/- JUDGE Sd/- JUDGE hnm