IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.113 OF 2018 (GM-FC) Between:
Dr. G. Deepavani W/o Dr. V. Subramaniam Aged about 46 years Residing at No.32 Old Race Course Road Viveknagar Post Bengaluru - 560 047 … Petitioner (By Sri. D. Prabhakar, Advocate-Absent) And:
Dr. V. Subramaniam Aged about 48 years S/o K. Veeranna Residing at Flat No.8 Patnam Gardens 451, Gillot Road Edgbaston, Birmingham B169LJ Permanent residence at No.29, Josy Layout 5th Cross, Pipeline Road T. Dasarahalli Bengaluru – 560 057 Debtor … Respondent This Writ Petition is filed under Article 227 of the Constitution of India, praying to set aside the impugned order dated 28.10.2017 passed in execution petition No.59/2012 by the IV Additional Principal Family Court, Bengaluru vide Annexure-A.
This Writ Petition coming on for Orders, this day, the Court made the following:-
ORDER None for the petitioner. Record perused.
2. In this petition under Article 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 24.10.2011 in M.C.No.3265/2010 passed by the Principal Judge, Family Court, Bengaluru.
3. Against the aforesaid decree, an appeal lies under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short). Accordingly, the writ petition is disposed of with liberty to the petitioner to file an appeal, if so advised against the order dated 24.10.2011 passed in M.C.No.3265/2010.
4. Office is directed to return the certified copy of the order dated 24.10.2011 passed in M.C.No.3265/2010 on substitution of photocopy of the same.
5. Needless to state that in case the petitioner files an appeal under Section 28 of the Act within a period of two weeks from the date of receipt of certified copy of the order passed today, the petitioner shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE Mds/-