IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ M.F.A. No.8038/2015 (FC) BETWEEN:
SMT. RADHA G.M., 33 YEARS, W/O. SRI V. LAKSHMINARAYANA REDDY, R/AT NO.19, CHOLURPALYA, 3RD MAIN ‘E’ ROAD, GANESH TEMPLE MAIN ROAD, MAGADI ROAD, BANGALORE – 560 023. ... APPELLANT (BY SRI CHANDRAIAH, ADVOCATE) AND:
SRI SRI V. LAKSHMINARAYANA REDDY, 41 YEARS, S/O. SRI VEERAPPA, R/AT AYYAPPA SWAMY TEMPLE, RADIO PART, COWL BAZAR, BELLARY – 583 103. ... RESPONDENT (BY SRI K.H. JAGADEESH, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT AGAINST THE JUDGMENT AND DECREE DATED 20/08/2015, PASSED IN MC NO.2805/2006 ON THE FILE OF THE COURT OF 3RD ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) 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 Heard learned counsel for the appellant and respondent.
2. Respondent’s counsel submits that MFA. No.8037/2015 assails the grant of a decree of dissolution of marriage by divorce, while MFA.No.8038/2015 is also filed by the wife seeking enhancement of permanent alimony. Therefore, two separate appeals have been filed, whereas, learned counsel for the appellant submits that the appellant in MFA.No.9049/2015 is the husband who has challenged the award of permanent alimony to the respondent/wife and he has not challenged the decree of divorce granted by the trial Court.
3. We notice that the respondent/wife has filed two appeals in respect of the judgment and decree dated 20/01/2015, passed by the III Addl. Prl. Judge, Family Court, Bengaluru, in M.C.No.2805/2006. The same is not permissible. In MFA.No.8037/2015 itself, the respondent could have challenged the decree in its entirety and it was not necessary to file separate appeals for each of the directions issued by the Family Court. Hence, MFA.No.8038/2015 is dismissed reserving liberty to the respondent/wife who is the appellant in MFA.8037/2015 to assail not only the decree of divorce granted by the Court below, but also to seek enhancement of maintenance.
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JUDGE Sd/- JUDGE S*