IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. No.6614/2018 (FC) BETWEEN:
PRASANNA @ TEJASWI S/O. SHIVAPPA B.N. AGE: 38 YEARS, R/O. NIDIGE VILLAGE, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT – 577 201. ... APPELLANT (BY SRI HANUMANTHAPPA B. HARAVIGOWDAR, ADVOCATE) AND:
SMT. ANITA W/O. PRASANNA, AGE: 36 YEARS, R/O. PRABHATH NILAYA, 1ST CROSS ASHWATH NAGAR, NEAR JNNC HOSTEL, SHIVAMOGGA – 577 201. ... RESPONDENT (BY SRI BASAVARAJA PUJAR S., ADVOCATE) THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 28.06.2018 PASSED ON M.C.NO.111/2015 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ib) OF THE HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T We have heard learned counsel for the appellant.
There is no representation on behalf of the respondent.
2. The Family Court at Shimoga has dismissed M.C.No.111/2015 filed by the appellant herein, by judgment and decree dated 28/06/2018 holding that the petition was in substance not maintainable; the reason being that the parties were married on 24/02/2014 and the petition was filed before the Family Court in the year 2015 alleging desertion under Section 13(1)(ib) of the Hindu Marriage Age, 1955 (“the Act” for short).
3. On hearing learned counsel for the appellant, we find that the Family Court was justified in dismissing the petition filed by the appellant on the ground of maintainability.
4. At this stage, learned counsel for the appellant submits that appellant may be permitted to withdraw this appeal reserving liberty to file a fresh petition in accordance with law before the Family Court.
5. As already noted, there is no representation on behalf of the respondent.
6. In the circumstances, appellant is permitted to withdraw this appeal reserving liberty to file a fresh petition under Section 13(1)(ib) of the Act or seek any other remedy available to the appellant under the said Act. Hence, the appeal is dismissed as withdrawn.
In view of disposal of the appeal, I.A.No.1/18 also stands disposed.
Sd/- JUDGE Sd/- JUDGE S*