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2025 DAILYLAW 77083 (KAR)

SRI. KEVIN WALTER FERNANDES v. SMT. MARELIN SANORITA FERNANDES

CRP/386/2024 · 2025-12-02

V Srishananda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50307 CRP No. 386 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION No.386 OF 2024 (IO) BETWEEN: SRI. KEVIN WALTER FERNANDES S/O WALTER FERNANDES AGED 30 YEARS R/AT D -401, BLDG NO.2 MARIGODLD BEVERLY PARK MIRA BHAYANDER ROAD EAST THANE 401 107 MAHARASTRA 401 107 …PETITIONER (BY SRI KISHOR B K, ADVOCATE) AND: SMT. MARELIN SANORITA FERNANDES D/O PRAKASH MAXIM SANORITA FERNANDES AGED 28 YEARS R/A HOUSE NO 6-45B, SANMAN GARDEN BEHIND CJ CHURCH 78 BADAGABETTU PADU BAILUR -5761019 UDUPI TALUK AND DISTRICT …RESPONDENT (BY KUMARI ASHA SHETTY, ADVOCATE) THIS CRP IS FILED UNDER SECTION 115 OF CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED 8.04.2024 PASSED ON IA NO.IV IN MC NO.158/2023 ON THE FILE OF PRL. JUDGE, FAMILY COURT, UDUPI(C/C)., REJECTING THE IA NO.IV FILED UNDER ORDER VII RULE 11(d) R/W SECTION 151 OF CPC AND SECTION 10 OF FAMILY COURTS ACT, 1984, FOR REJECTION OF PLAINT. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50307 CRP No. 386 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER None appears for the revision petitioner. Matter is listed from yesterday to today to hear regarding maintainability. 2. Office has raised objection with regard to maintainability of the petition. 3. Perused the material on record. 4. In M.C.No.158/2023 pending on the file of the Principal Judge, Family Court, Udupi, husband had filed an application under Order VII Rule 11(d) r/w Section 151 of the Code of Civil Procedure, which came to be rejected, against which the present revision petition is filed. 5. Against the interim order passed by the Family Court, no revision petition in the form of Civil Revision Petition would be maintainable. 6. Accordingly, Civil Revision Petition is dismissed as not maintainable. - 3 - HC-KAR NC: 2025:KHC:50307 CRP No. 386 of 2024 7. However, dismissal of the petition shall not come in the way of petitioner exhausting appropriate remedy before the appropriate forum. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 55