Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1
CASE NO.:
Appeal (civil) 1584 of 2008
PETITIONER:
Arundhati @ Harshana
RESPONDENT:
Iranna @ Veerendra
DATE OF JUDGMENT: 25/02/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO 1584 OF 2008
[ Arising out of SLP [C] No.2051 of 2007 ]
1. Delay condoned.
2. Leave granted.
3. This appeal is directed against the judgment and order
dated 22nd of September, 2006 of the High Court of
Karnataka at Bangalore in MFA No.1741 of 2006, whereby
the High Court had dismissed the first appeal which was to
be decided on facts and law.
4. A suit was filed by the wife \026 appellant for divorce on
the ground of cruelty and desertion. The suit was dismissed
and a first appeal was carried to the High Court. By the
impugned judgment the High Court had dismissed the appeal
at the admission stage without calling for the records and
without admitting it.
5. We have heard the learned counsel for the parties and
examined the judgments of the High Court as well as of the
trial court and other materials on record. In our view the
High Court had erred in dismissing the first appeal at the
admission stage itself without issuing notice to the
respondent and without looking into the evidence and other
materials on record and also without considering the
proprietary of the findings made by the trial court.
Accordingly, the judgment of the High Court is set aside and
the appeal is remitted back to the High Court for fresh
determination by passing a reasoned order in accordance with
law after serving notice on the respondent and taking into
consideration the entire materials on record including the oral
and documentary evidence.
6. For the reasons aforesaid, the appeal is allowed to the
extent indicated above. There will be no order as to costs.