IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL R.P.F.C.NO.122/2015 BETWEEN:
SMT.C.LATHA W/O MR.G.SURESHKUMAR D/O P.CHANDRADOSS AGED ABOUT 38 YEARS NO.115, HAYAGRIVA 4TH CROSS, BLOOMFIELD GARDENS RAMACHANDRAPURA VIDYARANYAPURA BANGALORE – 560 077 … PETITIONER (BY SMT.HALEEMA AMEEN, FOR SRI S.VISHWAJITH SHETTY, ADVOCATES) AND:
MR.G.SURESHKUMAR S/O G.GOPALAKRISHNA AGED ABOUT 48 YEARS R/AT 36/16, KUMARAN NAGAR 1ST CROSS ROAD ABHIRAMI KOIL STREET CHENNAI – 600 082 ... RESPONDENT (BY SRI ANTHONY C. D’SOUZA, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, 1984 PRAYING TO SET ASIDE THE ORDER DATED 17.06.2015 PASSED BY THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN C.MISC.NO.605/2011.
THIS RPFC COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner and respondent are wife and husband. Petitioner filed C.Misc.No.605/2011 against the respondent under Section 125 of Cr.P.C. before the Court of III Additional Principal Judge, Family Court, Bengaluru seeking maintenance alleging that the respondent willfully neglected to maintain her.
2. The matter was listed before the trial Court on 17.06.2015 for the petitioner’s evidence. Since petitioner’s Counsel and petitioner did not appear before the trial Court, by impugned order, the trial Court dismissed the petition for non-prosecution. The petitioner is seeking to set aside the said order on the ground that when the matter was called, her Counsel and herself could not appear before the Court for the reasons beyond their control. Order sheet of the trial Court shows that the matter was not referred for conciliation.
3. Under such circumstances, it is just and essential to give one more opportunity to the petitioner. Therefore, the petition is allowed.
The impugned order dated 17.06.2015 passed by the III Additional Principal Judge, Family Court, Bengaluru in Cri.Misc.605/2011 is hereby set aside. The matter is remanded to the trial Court for fresh consideration.
The petitioner shall appear before the trial Court on 30.10.2019 without expecting any further notice. Then the trial Court shall summon the respondent and dispose of the matter in accordance with law.
Sd/- JUDGE KSR