Mrs Ashwini Antony vs Mr Paul George Varanam
2021 Latest Caselaw 5406 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 03TH DAY OF DECEMBER, 2021

                     PRESENT

       THE HON'BLE MR. JUSTICE B. VEERAPPA

                       AND

    THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA

MISCELLANEOUS FIRST APPEAL No.4127/2019 (IDA)

BETWEEN:

MRS. ASHWINI ANTONY
AGED ABOUT 32 YEARS
D/O ASHWINI ANTONY
R/AT ST. MARY'S BHAVAN
RENJALA, DODDATHOTA
BOLLAJE POST, SULLIA - 574239
D.K. DISTRICT.
                                     ...APPELLANT
(BY SRI PRASAD B.S., ADVOCATE)

AND:

MR. PAUL GEORGE VARANAM
AGED ABOUT 34 YEARS
S/O GEORGE JOSEPH
R/AT ROSE VILLA, N.G ROAD
BABUGUDDA, NEAR BETHANY CONVENT
ATTAVARA, MANGALORE - 574142.
                                   ...RESPONDENT

                       ****
                           -2-


     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 55(1) OF DIVORCE ACT 1869, PRAYING
TO A) MODIFY THE JUDGMENT       AND DECREE DATED
29.01.2019 PASSED BY THE PRINCIPAL JUDGE, FAMILY
COURT, DAKSHINA KANNADA, MANGALURU IN MC
NO.417/2017 IN THE INTEREST OF JUSTICE AND EQUITY
B) SET ASIDE THE ORDER ON REVIEW APPLICATION
DATED 20.04.2019 PASSED BY THE PRINCIPAL JUDGE,
FAMILY COURT, DAKSHINA KANNADA, MANGALURU IN MC
NO.417/2017, IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ORDERS THIS DAY, B.VEERAPPA J., DELIVERED THE
FOLLOWING:

                    JUDGMENT

The present Miscellaneous First Appeal is filed

by the appellant- wife against the impugned judgment

and decree dated 29.01.2019 made in

M.C.No.417/2017 on the file of the Family Judge,

Dakshina Kannada District, Mangalore, allowing the

petition filed by respondent- husband for dissolution of

marriage under the provisions of Section 10A of the

Indian Divorce Act, 1869.

2. Learned counsel for the appellant files a

memo dated 03.12.2021, seeking leave of the Court

to withdraw the present appeal.

Memo is placed on record.

In view of the memo, the Miscellaneous First

Appeal is dismissed as withdrawn with liberty to

approach the jurisdictional Court for claiming

enhancement of maintenance as sought for in

accordance with law.

Sd/-

JUDGE

Sd/-

JUDGE

PN CT.GD