RAMAPPA Vs. SUMANGALA

JUDGEMENT

(1.) This writ petition is directed against the order dated 7.2.2015 passed by the Fast Track Court, Sagar vide Annexure-A in R.A.No.235/2010 whereby the Fast Track Judge has set aside the order of divorce dated 29.7.2010 passed by the Addl. Civil Judge (Sr.Dn.), Sagar in M.C.No.22/2007.

(2.) Brief facts of the case: The petitioner and respondent herein are the husband and wife. The husband had filed a petition under Section 13(1)(1a) of the Hindu Marriage Act in M.C.No.22/2007. By order dated 29.7.2010, the learned Civil Judge allowed the petition filed by the husband. Being aggrieved by the same, the wife has filed an appeal before the Fast Track Court, Sagar in R.A.No.235/2010. By judgment and decree dated 7.2.2015, the learned Fast Track Judge allowed the appeal and remanded the matter to the trial Court. Being aggrieved by the same, the petitioner-husband has filed this writ petition.

(3.) Sri.B.N.Shetty, the learned counsel for the petitioner submits that any order passed under Section 13 of the Hindu Marriage Act, an appeal lies under Section 28 of the Act before the High Court. The appeal filed by the respondent herein before the Fast Track Court is not maintainable and the judgment passed by the Fast Track Court is without jurisdiction. Hence, he sought for allowing the petition.