Karnataka High Court
Sri. Santhosh S/O Omudukappa ... vs Smt. Sushma W/O Santhosh Pattanshetti on 10 September, 2018
Bench: B.Veerappa, H.T.Narendra Prasad
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10 T H DAY OF SEPTEMBER, 2018
PRESENT
THE HON'BLE MR.JUSTICE B.VEERAPPA
AND
THE HON'BLE MR.JUSTICE H.T. NARENDRA PRASAD
MFA NO.103205 OF 2018(FC)
BETWEEN
SRI. SANTHOSH
S/O MUDUKAPPA PATTANSHETTI,
AGED ABOUT: 28 YEARS,
OCC: BUSINESS,
R/O: C/O. PADMARAJ HOSUR,
PLOT NO.17,DATTATREYA COLONY,
NEAR SAMPIGE NAGAR,
VIDYANAGAR, HUBBALLI,
TQ: HUBBALLI,DIST: DHARWAD. ... APPELLANT
(BY SRI. G I GACHCHINAMATH, ADV.)
AND
1.SMT. SUSHMA
W/O SANTHOSH PATTANSHETTI,
AGED ABOUT: 26 YEARS,
OCC: HOUSEHOLD WORK,
R/O: C/O. SHIVAKUMAR
S/O LINGAPPAP DHARWADKAR,
"GURU KRUPA",MANGALWARPETH,
HUBBALLI,TQ: HUBBALLI,
DIST: DHARWAD.
2.SRI.RAM @ RAMALING BIKKANNAVAR,
AGED: MAJOR,OCC: SENIOR ASSOCIATE
:2:
COGNIZANT F-2,
MANYATA TECH PARK NAGAVARA,
BENGLAURU-45.
3.CHANNU @ CHANNABASAYYA HIREMATH,
AGED ABOUT: 27 YEARS,
OCC: JUNIOR ASSOCIATE,
CHIKKAR (STRUCTURAL AND PEMB)
KEDIPLY ENGINEERING PVT. LTD.,
5TH FLOOR, "N" HEIGHTS BUILDING,
PLOT NO.12, SOFTWARE UNITS LAYOUT,
IN ORBIT MALL ROAD, MADAPUR,
HYDERABAD-500081. ... RESPONDENTS
THIS APPEAL IS FILED UNDER SECTION 19(1) OF
THE FAMILY COURT ACT 1984, PRAYING TO SET ASIDE
THE IMPUGNED JUDGMENT DATED 30.08.2018 MADE IN
M.C.NO.---/2018(UNNUMBERED) PASSED BY THE FAMILY
COURT, HUBBALLI AND FURTHER PERMIT THE
APPELLANT TO PROSECUTE THE MATTER BY ALLOWING
THE APPLICATION FILED UNDER SECTION 14(1) OF HINDU
MARRIAGE ACT R/W. SEC.151 OF CPC.
THIS APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY, B.VEERAPPA. J, DELIVERED
THE FOLLOWING:
ORDER
Office has raised an objection with regard to maintainability of this appeal in view of the provisions of Section 19(1) of the Family Court Act, 1984, against the interlocutory order passed by the trial Court, rejecting the application filed by the appellant under Section :3: 14(1) of the Hindu Marriage Act, 1955 read with Section 151 of Code of Civil Procedure 1908.
2. After arguing the matter for some time, the learned counsel for the appellant rightly submitted that appeal may be dismissed as withdrawn with liberty to the appellant to avail appropriate remedy in accordance with law.
3. The submission is placed on record.
4. The appeal is dismissed as withdrawn with liberty to avail alternative remedy as sought for.
5. Office is directed to return the certified copy of the impugned order forthwith.
Sd/-
JUDGE Sd/-
JUDGE VB