IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA R.P.F.C NO.161 OF 2015 BETWEEN:
SMT. R.JAYAJYOTHI AGED ABOUT 37 YEARS W/O P. HARIKRISHNA RESIDING AT NO.2-D POOJAPPA GARDEN SHANTHI NAGARA BANGALORE – 560 027 (BY SRI.K.KRISHNASWAMY, ADV.,) AND:
SRI. P. HARIKRISHNA AGED ABOUT 43 YEARS S/O POOVAPPA R/AT NO.14, 24TH CROSS DEVANGA HOSTEL MAIN ROAD SAMPANGIRAM NAGAR BANGALORE – 560 027 ... PETITIONER ... RESPONDENT THIS RPFC IS FILED UNDER SECTION 19(1)(4) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 04.04.2015 PASSED IN M.C. NO.2927/2010 ON THE FILE OF THE III ADDL. PRL.
JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT AND REJECTING THE PETITION FILED UNDER SECTION 13(1)(b) OF THE HINDU MARRIAGE ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned advocate for the petitioner submitted that the Registry is justified in raising objections with regard to maintainability. He sought permission to withdraw this petition and assail the impugned decree in the Appellate jurisdiction of this Court. Submission of the learned counsel stands recorded.
Consequently, office objection is upheld and the petition is disposed of. However, this order would not stand in the way of the petitioner availing the remedy of an appeal as against the impugned decree.
The time taken in prosecution of this petition from 05.10.2015 shall stand excluded, if the appeal remedy is availed within a period of 30 days. Certified copies produced along with this petition be returned to the learned advocate for the petitioner.
Sd/-
JUDGE GH