Sri R K Babu Prasad vs Smt Uma
2021 Latest Caselaw 3230 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 25TH DAY OF AUGUST, 2021

                      PRESENT

    THE HON'BLE MRS. JUSTICE B. V. NAGARATHNA

                        AND

       THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

MISCELLANEOUS FIRST APPEAL NO.7016/2016 (FC)


BETWEEN:

SRI R K BABU PRASAD
S/O LATE SRI R CHENGAL RAJU
AGED ABOUT 51 YEARS,
PRESENTLY C/O PB 5432-83577-14
ARDC, IRON BIRD, HAL
VIMANAPURA POST,
BANGALORE - 560037.
                                       ... APPELLANT

(BY SRI. NARAYANA.K., ADVOCATE)

AND:

SMT UMA MAHESHWARI,
AGED ABOUT 45 YEARS,
W/O SRI R K BABU PRASAD,
NO.12, I FLOOR, VENKATESHWARA
PRASANNA, CHAMUNDESHWARI
NILAYA, BHUVANESHWARINAGAR
MAIN ROAD, BYRASANDRA
C V RAMAN NAGAR POST,
BANGALORE - 560093.
                                2




PRESENTLY AT NO.212,
BREEZE COUNTY, 2ND CROSS,
CELEBRITY PARADISE LAYOUT,
DODDATLUGURI VILLAGE,
ELECTRONIC CITY,
BANGALORE - 560 100.
                                            ... RESPONDENT

(BY SRI. T.S.SRINIVAS, ADVOCATE)


     THIS M.F.A IS FILED UNDER SECTION MFA FILED
U/S. 19(1) OF THE FAMILY COURT ACT, AGAINST THE
JUDGMENT AND DECREE DATED 30.06.2016 PASSED ON
MC NO.2590/10 ON THE FILE OF THE 3RD ADDITIONAL
PRINCIPAL     JUDGE,  FAMILY    COURT,  BENGALURU,
DISMISSING      THE  PETITION   FILED  U/S.10  R/W
SEC.13(1)(ia)    OF  THE    HINDU   MARRIAGE  ACT.

     THIS M.F.A. COMING ON FOR ORDERS, THIS
DAY,    NAGARATHNA     J.,  DELIVERED   THE
FOLLOWING:

                        JUDGMENT

Learned counsel for the appellant submitted that the

appellant-husband has filed this appeal assailing the

quantum of permanent alimony awarded to the

respondent-wife by the judgment and decree dated

30.06.2016 passed in M.C.No.2832/2009 by the III Addl.

Principal Judge, Family Court, Bengaluru.

2. Learned counsel for the appellant further

submitted that in view of the out of court settlement

arrived at between the parties, the appellant does not wish

to prosecute this appeal any further. Hence, the appeal

may be dismissed as not pressed and withdrawn.

3. Submission of the learned counsel for the

appellant is placed on record.

4. Learned counsel for the respondent submitted

that if the appellant wants to withdraw the appeal, the

respondent has no objection to the same provided the

settlement has indeed been arrived at between the parties.

Recording the submission of the learned counsel for

the respective parties, the appeal is dismissed as not

pressed in view of the out of court settlement arrived at

between the parties.

Consequently, the pending applications

I.A.No.1/2016 and I.A.No.1/2020 also stand disposed.

Learned counsel for the appellant submitted that the

memo has been filed on behalf of the appellant by him

with the signature of the appellant.

The memo is also perused by us.

Sd/-

JUDGE

Sd/-

JUDGE SSD CT-HR