B. BANU Vs. HARSHA G.P.

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed by the wife against the judgment dtd. 3/1/2018 passed in M.C.No.2270/2013 by which petition filed by the respondent / husband under Sec. 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) seeking dissolution of marriage on the ground of cruelty and desertion has been allowed.

(2.) Learned counsel for the appellant submitted that the appellant / wife had filed an application under Sec. 25 of the Act as well as an application under Sec. 151 of Code of Civil Procedure in the proceeding instituted by the respondent / husband under Sec. 13 of the Act. However, the family court has not decided the aforesaid applications preferred by the appellant under Sec. 25 of the Act for interim maintenance as well as the application under Sec. 151 of Code of Civil Procedure seeking to return the belongings of the appellant / wife while pronouncing the judgment dtd. 3/1/2018. It is submitted that the appellant is not aggrieved by the decree of dissolution of marriage and the same be affirmed. However, the family court be directed to decide the application under Sec. 25 of the Act and Sec. 151 of Code of Civil Procedure filed by the appellant.

(3.) Learned counsel for the respondent has submitted that he has no objection to the aforesaid prayer.