LAWS(KAR)-2019-7-57

LAKSHMI W/O MALLIKARJUNA Vs. K. MALLIKARJUNA

Decided On July 01, 2019
Lakshmi W/O Mallikarjuna Appellant
V/S
K. Mallikarjuna Respondents

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the Constitution of India praying to quash the order dated 13.03.2019 passed by the learned Principal Judge, Family Court, Ballari in M.C. No. 112/2017 on I.A. No. 13 by which the petitioner's application filed u/S 151 of CPC for stay of proceedings in M.C. No. 112/2017 is rejected.

(2.) The brief facts leading to the petition are as follows:

(3.) The petitioner filed complaint before the Rural Police and reported commission of offence on 07.05.2015 against the family members of the respondent and also against the Doctor who performed abortion on the petitioner. As the Police failed to register the complaint the petitioner filed complaint before the Superintendent of Police, Ballari , which came to be registered in Crime No. 197/2014. On 29.06.2017 the respondent filed petition u/S 11 of the Hindu Marriage Act, 1955, for declaration to declare the marriage between the petitioner and the respondent dated 26.09.2013 as nullity. The petitioner filed her objections to the petition. Subsequently, the petitioner amended her objection statement. The petitioner also filed suit in O.S. No. 19/2018 to declare that respondent is wedded husband of the petitioner and petitioner is wedded wife of respondent and also for a declaration that the marriage dated 26.09.2013 is valid. The said suit came to be dismissed on preliminary issue of maintainability. The mutual divorce petition filed by the petitioner and Pompapathy; and by Ramakrishna and Jademma, came to be allowed on 17.09.2014.