MADHURI MURTHY Vs. SHIVAKUMAR CHALLA

JUDGEMENT

(1.) THE husband and wife have irreconcilable difference between them inasmuch as the petitioner � wife has initiated proceedings seeking dissolution of the marriage in M.C.No.1758/2005 on the file of the Family Court at Bangalore on the ground of cruelty and desertion. She has also initiated proceedings under the G & WC seeking custody of the minor child. It is not in dispute that the child is with the mother and the father is given visiting rights.

(2.) AFTER the initiation of the proceedings, both the petitions were dismissed for non-prosecution on the ground that the petitioner-wife was not present before the Judge during the course of proceedings. Applications were filed seeking restoration of the petitions. The said applications were rejected as against which the petitioner-wife was before this Court in a Miscellaneous First Appeal.

(3.) MR.Appaiah, learned counsel appearing for the husband submits that the husband has also presented G & WC No.85/2011 and it is still pending adjudication. It is submitted at the bar that all the three petitions are called on the same date before the Court, though they are not clubbed.