Mr Nithyananda Rai vs Mrs Soumya
2023 Latest Caselaw 2884 Kant

                                             -1-
                                                       MFA No. 4731 of 2022
                                                   C/W MFA No. 4751 of 2022




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 5TH DAY OF JUNE, 2023
                                        PRESENT
                         THE HON'BLE MR. JUSTICE ALOK ARADHE
                                             AND
                    THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                    MISCELLANEOUS FIRST APPEAL NO.4731 OF 2022 (FC)
                                         C/W
                    MISCELLANEOUS FIRST APPEAL NO.4751 OF 2022 (FC)

               IN M.F.A. NO.4731/2022
               BETWEEN:

               1.    MR. NITHYANANDA RAI
                     S/O NARAYANA RAI
                     AGED 37 YEARS
                     R/O THALAKALA PADE HOUSE
                     KOLAMBE POST, BAJPE 574189
                     MANGALURU TALUK
                     DAKSHINA KANNADA.
                                                               ...APPELLANT
               (BY SRI. PRASAD B.S. ADV.,)

Digitally      AND:
signed by
RUPA V         1.    MRS. SOUMYA
Location:            D/O DERANNA SHETTY
High Court           AGED 31 YEARS
of Karnataka         R/O KIDOORU, ARANTHODU
                     ICHALAMPADY POST, VIA KUMBLE
                     KASARAGOD-671321, KERALA STATE.
                                                             ...RESPONDENT

                    THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
               COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
               26.03.2022  PASSED IN M.C.NO.144/2018 ON THE FILE OF
               THE PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA KANNADA,
               MANGALURU,                DISMISSING THE PETITION FILED
               UNDER SECTION 13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT,
                               -2-
                                        MFA No. 4731 of 2022
                                    C/W MFA No. 4751 of 2022




1955, ALLOWING THE COUNTER CLAIM OF RESPONDENT
UNDER SECTION 9 OF HINDU MARRIAGE ACT, 1955 FOR
RESTITUTION OF CONJUGAL RIGHTS.

IN M.F.A. NO.4751 OF 2022
BETWEEN:

1.   MR. NITHYANANDA RAI
     S/O NARAYANA RAI
     AGED ABOUT 37 YEARS
     R/O THALAKALA PADE HOUSE
     KOLAMBE POST, BAJPE-574189
     MANGALURU TALUK
     DAKSHINA KANNADA.
                                                ...APPELLANT
(BY SRI. PRASAD B.S. ADV.,)
AND:

1.   MRS. SOUMYA
     D/O DERANNA SHETTY
     AGED 31 YEARS
     R/O KIDOORU ARANTHODU
     ICHALMPADY POST, VIA KUMBLE
     KASARAGOD-571321, KERALA STATE.
                                              ...RESPONDENT
        THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
26.03.2022     PASSED IN M.C.NO. 144/2018 ON THE FILE OF
THE PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA KANNADA,
MANGALURU,                    DISMISSING THE PETITION FILED
UNDER SECTION 13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT,
1955.

        THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
                          -3-
                                   MFA No. 4731 of 2022
                               C/W MFA No. 4751 of 2022




                     JUDGMENT

Mr.Prasad B.S., learned counsel for the appellant

submits that the dispute between the parties has been

amicably settled. A memo filed in this regard is

accepted.

Accordingly, appeals are dismissed as withdrawn.

Consequently, pending interlocutory application is

also dismissed.

Sd/-

JUDGE

Sd/-

JUDGE

RV