Smt.Begum Hajira Muzaina vs Sri.Janab Mohammed Syed Khan
2023 Latest Caselaw 4616 Kant

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                                               NC: 2023:KHC:25058
                                                       CP No. 56 of 2022




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 18TH DAY OF JULY, 2023

                                      BEFORE
             THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                          CIVIL PETITION NO. 56 OF 2022
             BETWEEN:

             1.    SMT.BEGUM HAJIRA MUZAINA,
                   NOW ESTRANGED WIFE OF JANAB
                   MOHAMMED SYED KHAN,
                   D/O. JANAB B.H. ABDUL LATHIF,
                   AGED ABOUT 27 YEARS,
                   R/AT DOOR NO.39, MIG-2,
                   KHB COLONY, KALYANAGIRI,
                   MYSURU - 570 029.

             2.    BABY SADIYA FATIMA,
                   REPRESENTED BY ITS
                   NEXT FRIEND BEGUM HAJIRA MUZAINA,
                   AGED ABOUT 4 YEARS,
Digitally          R/AT DOOR NO.39, MIG-2,
signed by          KHB COLONY, KALYANGAGIRI,
CHAITHRA A
                   MYSURU - 570 029.
Location:
HIGH
COURT OF                                                  ...PETITIONERS
KARNATAKA
             (BY SRI. PRASANNA V.R., ADVOCATE)

             AND:

             1.    SRI. JANAB MOHAMMED SYED KHAN,
                   S/O. LATE JANAB HABEEB KHAN,
                   AGED AOUT 35 YEARS,
                   R/AT DOOR NO.44, 42ND MAIN,
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                                       NC: 2023:KHC:25058
                                               CP No. 56 of 2022




     4TH CROSS, BTM LAYOUT,
     2ND STAGE,
     BENGALURU - 560 076.

2.   BEGUM JAMMEL UNNISA,
     W/O LATE JANAB HABEEB KHAN,
     AGED ABOUT 58 YEARS,
     R/AT DOOR NO.44, 42ND MAIN,
     4TH CROSS, BTM LAYOUT,
     2ND STAGE,
     BENGALURU - 560 076.

                                                ...RESPONDENTS
      THIS CP IS FILED UNDER ORDER XLIV RULE 1 OF CPC,
1908, PRAYING TO PERMIT THE PETITIONERS TO PREFER AND
PROSECUTE       THE    MISC.FIRST     APPEAL   NO.1285/21     AS
INDIGENT PERSONS ASSAILING THE JUDGMENT AND DECREE
DATED: 13.11.2020 IN O.S.NO. 20/2019 ON THE FILE OF THE
LEARNED I ADDL. PRL. JUDGE, FAMILY COURT, MYSURU IN
THE INTEREST OF JUSTICE AND EQUITY.

      THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

                            ORDER

Perused the report submitted by the Registrar

Judicial in regard to the petitioner's financial capacity.

Having taken cognizance of the financial capacity of the

petitioner herein, I'am of the view that the petitioner is

NC: 2023:KHC:25058 CP No. 56 of 2022

entitled to prosecute the appeal pending in MFA

No.1285/2021 as an indigent petition. The civil petition

stands disposed off.

2. It is needless to mention that in the event the

petitioner succeeds in the appeal pending before this

Court, he is entitled to a decree only subject to payment of

the prescribed court fee.

Sd/-

JUDGE

JJ

CT:SNN