Smt. Reena vs Sri. Vijay K
2021 Latest Caselaw 1350 Kant

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    IN THE HIGH COURT OF KARNATAKA, BENGALURU

        DATED THIS THE 22nd DAY OF JANUARY, 2021

                        PRESENT

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

                          AND

           THE HON'BLE MRS. JUSTICE M.G. UMA

                M.F.A.No.1417/2020 (FC)

BETWEEN:

SMT. REENA
W/O. SRI VIJAY .K
AGED ABOUT 29 YEARS,
R/AT MOON-COTTON, 8TH MAIN,
4 TH CROSS, HOYSALA NAGAR,
T.C. PALYA MAIN ROAD,
BANGALORE - 560 016.                        ... APPELLANT

(BY SRI R.A. DEVANAND, ADVOCATE)

AND:

SRI VIJAY .K
S/O. SRI KRISHNAN
AGED ABOUT 41 YEARS,
R/AT NO.410, D BLOCK,
CARPENTER LANE,
CHAMPION REEF,
K.G.F. - 563 113.                         ... RESPONDENT

(BY SRI SHARANDEEP HIREMATH, ADVOCATE)

      THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED
20.12.2019 PASSED IN M.C.NO.4711/2018 ON THE FILE OF THE
V ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU,
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DISMISSING THE PETITION FILED UNDER SECTION 13(1) (IA)
(IB) OF HINDU MARRIAGE ACT.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
NAGARATHNA J., DELIVERED THE FOLLOWING:-

                               JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission to withdraw the appeal. The memo is

also signed by the appellant.

2. We have heard learned counsel for the

appellant. He submitted that although a memo for

withdrawal of the appeal has been filed, the object and

purpose of the same is to file an appropriate petition before

the competent Court seeking dissolution of marriage

between the parties, who are Christians by faith. Hence,

permission may be granted to withdraw the petition filed by

the appellant herein in M.C.No.4711/2018 and

consequently, the appeal may also be withdrawn reserving

liberty to the parties to file an appropriate petition before

the competent Court.

3. Submission of learned counsel for the appellant

is placed on record.

4. Appellant is permitted to withdraw

M.C.No.4711/2018. Consequently, the impugned judgment

and decree would have no effect or efficacy. Hence, the

appeal is disposed reserving liberty to the parties to file an

appropriate petition seeking dissolution of marriage or seek

any other appropriate remedy before the competent Court.

Sd/-

JUDGE

Sd/-

JUDGE

S* Ct: R*