Sri. Parashurama K vs Smt. Meghana A P

Citation : 2024 Latest Caselaw 18799 Kant
Judgement Date : 26 July, 2024

Karnataka High Court

Sri. Parashurama K vs Smt. Meghana A P on 26 July, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                                -1-
                                                           NC: 2024:KHC:29534-DB
                                                           MFA No. 673 of 2024
                                                       C/W MFA No. 670 of 2024



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 26TH DAY OF JULY, 2024

                                             PRESENT
                             THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                                AND
                         THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                       MISCELLANEOUS FIRST APPEAL NO. 673 OF 2024 (MC)
                                            C/W
                       MISCELLANEOUS FIRST APPEAL NO. 670 OF 2024 (MC)


                      IN MISCELLANEOUS FIRST APPEAL NO. 673 OF 2024:
                      BETWEEN:

                      SRI. PARASHURAMA K.,
                      S/O LATE KENCHAPPA,
                      AGED ABOUT 40 YEARS,
                      R/AT: SRI RENUKAMBA BADAVANE,
                      KASHIPURA ROAD, VINOBHANAGAR,
                      SHIVAMOGGA - 577204.
                                                                    ...APPELLANT
                      (BY SRI. CHIDANANDA SWAMY B.A., ADVOCATE
Digitally signed by    FOR SRI.DILEEP D., ADVOCATE)
AASEEFA PARVEEN
Location: HIGH        AND:
COURT OF
KARNATAKA
                      SMT. MEGHANA A. P.,
                      W/O. PARASHURAMA K.,
                      D/O ANANDAPPA,
                      AGED ABOUT 29 YEARS,
                      R/AT 2ND CROSS, JAYANAGARA,
                      SHIKARUPURA - 577427.
                                                                  ...RESPONDENT
                      (BY SRI. H.K. BASAVARAJ, ADVOCATE)

                          THIS MFA FILED UNDER SECTION 28(1) OF HINDU
                      MARRIAGE ACT, AGAINST THE JUDGMENT DATED 27.10.2023
                      PASSED IN M.C.NO. 33/2019 ON THE FILE OF THE SENIOR
                           -2-
                                     NC: 2024:KHC:29534-DB
                                    MFA No. 673 of 2024
                                C/W MFA No. 670 of 2024



CIVIL JUDGE AND JMFC, SHIKARIPURA, DISMISSING THE
PETITION FILED UNDER SECTION 13(1),(ia),(ib) OF THE
HINDU MARRIAGE ACT.

IN MISCELLANEOUS FIRST APPEAL NO. 670 OF 2024:

BETWEEN:

SRI. PARASHURAMA K.,
S/O LATE KENCHAPPA,
AGED ABOUT 39 YEARS,
R/AT SRI RENUKAMBA BADAVANE,
KASHIPURA ROAD, VINOBHANAGAR,
SHIVAMOGGA- 577204.
                                              ...APPELLANT
(BY SRI. CHIDANANDA SWAMY B.A., ADVOCATE
FOR SRI.DILEEP D., ADVOCATE)

AND:

SMT. MEGHANA A. P.,
W/O. PARASHURAM K,
D/O. ANDANAPPA,
AGED ABOUT 29 YEARS,
R/AT: 2ND CROSS, JAYANAGARA,
SHIKARUPURA - 577427.
                                            ...RESPONDENT
(BY SRI. H.K. BASAVARAJ, ADVOCATE)

     THIS MFA FILED UNDER SECTION 28(1) OF HINDU
MARRIAGE ACT, AGAINST THE JUDGMENT DATED 27.10.2023
PASSED IN M.C.NO. 38/2020  ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JMFC, SHIKARIPURA, ALLOWING THE
PETITION FILED UNDER SECTION 9 OF THE HINDU
MARRIAGE ACT, 1955.

     THESE APPEALS ARE COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MR JUSTICE K.SOMASHEKAR
         AND
         HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
                             -3-
                                      NC: 2024:KHC:29534-DB
                                       MFA No. 673 of 2024
                                   C/W MFA No. 670 of 2024



                     ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR) These appeals are preferred by the appellant by challenging the judgment and decree rendered by the Court of the Senior Civil Judge and JMFC at Shikaripura in M.C.No.33/2019 and M.C.No.38/2020 dated 27.10.2023.

2. The aforesaid proceedings have been initiated by the party to the proceedings in these two appeals and wherein the Court below has rendered the judgment and decree in respect of M.C.No.33/2019 and M.C.No.38/2020. The aforesaid MC proceedings have been initiated by the petitioners under the relevant provision of Hindu Marriage Act, 1955. However, under these appeals, the counsel for the appellant is seeking for consideration of the grounds urged in these appeal matters.

3. Wherein the counsel namely Sri.Chidananda Swamy.B.A for the appellant in both these appeals is present before the Court. But in this matter Sri.H.K.Basavaraj for respondent who is on record in both -4- NC: 2024:KHC:29534-DB MFA No. 673 of 2024 C/W MFA No. 670 of 2024 these appeals and wherein the said counsel has come forward to participate in these appeal matters by filing caveat petition as under Section 148A of CPC.

4. Whereas the learned counsel for the appellant has filed a memo for withdrawal of these appeals. In the memo the counsel has specifically stated that the appellant does not want to persuade the issues in these matters in further. Accordingly, the counsel for the appellant submits to take the memo for withdrawal on record and dismiss these appeals as withdrawn.

Accordingly, both the appeals are dismissed as withdrawn.

Sd/-

(K.SOMASHEKAR) JUDGE Sd/-

(DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM, List No.: 1 Sl No.: 3