Dr V Chandana vs Sri K M Mithun
2023 Latest Caselaw 2232 Kant

                                           -1-
                                                    MFA No. 3666 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 13TH DAY OF APRIL, 2023

                                        PRESENT
                        THE HON'BLE MR JUSTICE ALOK ARADHE
                                          AND
                   THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                              M.F.A.NO.3666 OF 2022 (FC)
                 BETWEEN:

                    DR. V CHANDANA
                    AGED ABOUT 30 YEARS
                    W/O K M MITHUN
                    D/O B B VISHWANATHA
                    R/O 'PUSHPAGIRI NILAYA'
                    MIG NO.56, JYOTHI NAGARA
                    KHB COLONY
                    CHIKMAGALURU TOWN - 577 102
                                                            ...APPELLANT
                 (BY SRI. ABHIRAJ B CHENGATI, ADVOCATE)
                 AND:
Digitally
signed by           SRI K M MITHUN
GAYATHRI N          S/O K B MANJUNATHA
Location: High      R/O APPAJI, 10TH CROSS
Court of
Karnataka           'A' BLOCK, SHARAVATHI NAGARA
                    SHIVAMOGGA CITY
                                                          ...RESPONDENT
                 (BY SRI. S B TOTAD, ADVOCATE)
                      THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
                 COURT ACT, PRAYING TO a) SET ASIDE THE JUDGMENT AND
                 DECREE   DATED    16.02.2022  IN  M.C.NO.58/2021  AT
                 ANNEXURE-A AND ANNEXURE-B RESPECTIVELY AND CALL FOR
                 THE RECORDS IN M.C.NO.58/2021 ON THE FILE OF THE
                 PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALUR; b)
                 REMAND AND DIRECT THE FAMILY COURT, CHIKMAGALUR TO
                             -2-
                                       MFA No. 3666 of 2022




GIVE OPPORTUNITY TO THE APPELLANT TO FILE OBJECTION
AND LEAD EVIDENCE; c) GRANT SUCH OTHER RELIEF/S AS
THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF
THE CASE; d) AWARD COST OF THE APPEAL, IN THE INTEREST
OF JUSTICE AND EQUITY.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                         JUDGMENT

Learned counsel for the appellant submits that the parties undertake to file a petition under Section 13(b) of the Hindu Marriage Act, 1955 seeking dissolution of marriage by mutual consent.

Learned counsel for the appellant further submits that he has filed memo seeking leave of this Court to withdraw the appeal with liberty as aforesaid.

The memo is taken on record.

Appeal is dismissed as withdraw with the liberty as aforesaid.

Sd/-

JUDGE

Sd/-

JUDGE

MDS