Bhagirathi @ Jyothi W/O Vithal Tallolli ... vs Vithal S/O Yamanappa Tallolli Since ...
2023 Latest Caselaw 8002 Kant

Karnataka High Court

Bhagirathi @ Jyothi W/O Vithal Tallolli ... vs Vithal S/O Yamanappa Tallolli Since ... on 21 November, 2023

Author: R.Devdas

Bench: R.Devdas

                                                -1-
                                                  NC: 2023:KHC-K:8740-DB
                                                       MFA No. 201065 of 2021




                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                          DATED THIS THE 21ST DAY OF NOVEMBER, 2023

                                             PRESENT

                                 THE HON'BLE MR. JUSTICE R.DEVDAS
                                               AND
                                 THE HON'BLE MR. JUSTICE C M JOSHI

                             MISC. FIRST APPEAL NO.201065 OF 2021 (MC)

                      BETWEEN:

                      SMT.BHAGIRATHI @ JYOTHI
                      W/O VITHAL TALLOLLI
                      D/O BASANNA S/O BHIMASHYA SHINGE,
                      AGE: 33 YEARS, OCC: HOUSEHOLD,
                      R/O GHATTARGI VILLAGE, TQ. AFZALPUR
                      NOW RESIDING AT PLOT NO.119 OF CIB COLONY,
                      KALABURAGI - 585 102.
                                                                    ...APPELLANT

                      (BY SRI. CHAITANYAKUMAR C.M., &
Digitally signed by    SRI.NARENDRA BETTAD, ADVOCATES)
VARSHA N
RASALKAR
Location: HIGH
COURT OF              AND:
KARNATAKA


                      SRI.VITHAL S/O YAMANAPPA TALLOLLI
                      SINCE DECEASED BY HIS LEGAL REPRESENTATIVE
                      WHO IS MOTHER OF DECEASED

                      SMT. PARVATI W/O YAMANAPPA TALLOLLI
                      AGE: 60 YEARS, OCC: HOUSEHOLD,
                      R/O DEVAR HIPPARGI, TQ. SINDAGI,
                      DIST. VIJAYAPURA.
                                                                   ...RESPONDENT

                      (BY SMT. MAYA T.R., HCGP AS AMICUS CURIAE)
                              -2-
                               NC: 2023:KHC-K:8740-DB
                                     MFA No. 201065 of 2021




     THIS MFA IS FILED UNDER SECTION 28 OF HINDU
MARRIAGE ACT, 1955, PRAYING TO ALLOW THE APPEAL BY
SETTING   ASIDE     THE   JUDGMENT    AND   ORDER    DATED
25.08.2014 PASSED BY SENIOR CIVIL JUDGE & J.M.F.C., AT
SINDAGI IN M.C.NO.10/2007, IN THE INTEREST OF JUSTICE
AND EQUITY.


     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
R.DEVDAS J., DELIVERED THE FOLLOWING:


                          JUDGMENT

R. DEVDAS J., (ORAL):

This Miscellaneous First Appeal is filed under Section

28 of the Hindu Marriage Act, 1955 by the appellant-wife

seeking to assail the judgment and decree of divorce

passed by the Senior Civil Judge and JMFC, Sindagi in

M.C.No.10/2007 dated 25.08.2014 after a lapse of more

than seven years.

2. Several office objections were raised including

non-filing of an application for condonation of delay and

non-payment of Court fee. This Court dismissed the appeal

for non-compliance of office objections by order dated

NC: 2023:KHC-K:8740-DB

30.05.2022. Thereafter, an application was filed in

I.A.No.2/2023 seeking to recall the order dated

30.05.2022 and the same was recalled by order dated

05.09.2023. When this Court noticed the fact that the

respondent arrayed in the cause title is the mother-in-law

of the appellant, since admittedly the former husband of

the appellant had died on 18.03.2020, we had requested

learned High Court Government Pleader, Smt.Maya T.R.,

to assist the Court as amicus.

3. Today learned High Court Government Pleader

has sought to rely upon certain judgments of the Hon'ble

Supreme Court. At this juncture, learned counsel for the

appellant seeks leave of this Court to withdraw the appeal.

4. The submission of the learned counsel for the

appellant is placed on record. Consequently, the appeal

stands dismissed as withdrawn.

5. We place on record our appreciation for the

assistance rendered by Smt.Maya T. R., learned High

NC: 2023:KHC-K:8740-DB

Court Government Pleader at our request. Learned amicus

curiae shall be entitled for a sum of Rs.2,000/-(Rupees

Two Thousand Only) for the assistance rendered to this

Court.

Sd/-

JUDGE

Sd/-

JUDGE

VNR