Smt. Leena K G vs Sri Jagadeesh G
2023 Latest Caselaw 8563 Kant

Karnataka High Court

Smt. Leena K G vs Sri Jagadeesh G on 27 November, 2023

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                                                   NC: 2023:KHC:42790-DB
                                                     MFA No. 4664/2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 27TH DAY OF NOVEMBER, 2023

                                         PRESENT

                         THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

                                           AND

                         THE HON'BLE MR. JUSTICE K. V. ARAVIND

                     MISCELLANEOUS FIRST APPEAL No.4664/2021 (FC)

                BETWEEN:

                1.    SMT. LEENA K. G.
                      AGED ABOUT 46 YEARS,
                      W/O SRI JAGADEESHA B. G.,
                      R/AT NO.206, R-BLOCK,
                      DODDABALLAPURA ROAD,
                      CRPF CAMPUS, YELAHANKA,
                      BANGALORE-560064.

                      PRESENTLY R/AT
                      LEENA K. G., 46 YEARS,
Digitally             W/O B. G. JAGADEESHA,
signed by K S
RENUKAMBA             NO.52, 3RD CROSS,
Location:             ATTUR LAKE, CHITRA LAYOUT,
High Court of         ATTUR, YELAHANKA,
Karnataka             BENGALURU-560064.
                                                             ...APPELLANT
                (BY SRI CHANDRAIAH, ADVOCATE)

                AND:

                1.    SRI JAGADEESH G.
                      AGED ABOUT 54 YEARS,
                      S/O B. M. GANAPATHI,
                      R/AT SANNAPULIKOTE VILLAGE AND POST,
                      BAGAMANDALA,
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                                        NC: 2023:KHC:42790-DB
                                          MFA No. 4664/2021




    MADIKERE TALUK,
    KODAGU DISTRICT-771247.
                                               ...RESPONDENT
(VIDE ORDER DATED 30.01.2023
NOTICE TO RESPONDENT IS HELD SUFFICIENT)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF THE FAMILY COURTS ACT PRAYING TO SET
ASIDE THE JUDGMENT AND ORDER DATED 31.03.2021 PASSED
IN MC NO.1468/2017 ON THE FILE OF THE II ADDITIONAL
PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, AND REMAND
THE MATTER TO THE FAMILY COURT WITH THE DIRECTION TO
RECEIVE ADDITIONAL EVIDENCE OF THE PARTIES TO THE
PROCEEDINGS.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
FINAL HEARING THIS DAY, K.S. MUDAGAL J., DELIVERED THE
FOLLOWING:


                        JUDGMENT

The appellant has filed this appeal challenging the

rejection of her prayer for alimony, despite the Trial Court

allowing her petition for divorce on the ground of cruelty and

desertion. Respondent though served is unrepresented.

2. Now, the appellant seeks withdrawal of the petition

before the Trial Court on the ground that in view of the future

of her daughters, she does not want to pursue the matter. The

appeal is nothing but continuation of the petition. The

respondent has not contested the matter before the Trial court.

Since the appellant wants to withdraw the petition considering

NC: 2023:KHC:42790-DB

the future of her daughters, it is a fit case to permit withdrawal

of the petition.

3. Therefore, I.A.No.2/2023 seeking withdrawal of the

petition is allowed.

Petition filed by the appellant in M.C.No.1468/2017 on

the file of II Additional Principal Judge, Family Court,

Bengaluru, is dismissed as withdrawn.

Consequently, the impugned judgment and decree and

this appeal do not survive.

The appeal is disposed of accordingly.

In view of dismissal of main appeal, I.A.No.2/2021 does

not survive for consideration and disposed of accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

MV