R HARISH Vs. M V SHALINI

JUDGEMENT

(1.) This writ petition is directed against an order dated 08.04.2014, passed on I.A.No.5, filed in M.C.No.153/2013, by the learned Judge of the Family Court at Kolar.

(2.) Petitioner has filed M.C.No.153/2013 against the respondent, under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act'), in the Family Court at Kolar, to pass a decree and dissolve his marriage with the respondent, solemnized on 26.04.2012. Respondent has contested the case by filing statement of objections. I.A.No.5 was filed by the petitioner, under Order 23 Rule 1(3) of Code of Civil Procedure, for grant of permission to withdraw M.C.No.153/2013, with liberty to file a fresh petition on the same cause of action. The application having been opposed and finding the application to be devoid of merit was dismissed on 08.04.2014.

(3.) Sri M. Vishwajith Rai, learned advocate, contended that despite the petitioner having made out a case for grant of the prayer, the Court below without considering I.A.No.5 in the correct perspective has dismissed the same. He submitted that the impugned order being irrational and vitiated, interference is called for.