Deepak vs Shubhangi
2024 Latest Caselaw 211 Kant

Karnataka High Court

Deepak vs Shubhangi on 3 January, 2024

Author: B.M.Shyam Prasad

Bench: B.M.Shyam Prasad

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                                                       NC: 2024:KHC-K:60-DB
                                                         MFA No.200694 of 2019




                                  IN THE HIGH COURT OF KARNATAKA,

                                         KALABURAGI BENCH

                              DATED THIS THE 3RD DAY OF JANUARY, 2024

                                              PRESENT

                             THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
                                                 AND
                         THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                              MISCL. FIRST APPEAL NO.200694 OF 2019 (FC)

                      BETWEEN:

                      DEEPAK S/O KUBER MANE
                      AGE: 36 YEARS, OCC: NIL,
                      R/O KUBER TAILOR,
                      OLD KUMBAR GALLI,
                      AZAD ROAD, NEAR OLD CANARA BANK,
                      VIJAYAPURA - 58 6101.
                                                                   ...APPELLANT

                      (BY SRI BASAVARAJ R. MATH, ADVOCATE)

                      AND:
Digitally signed by
SWETA KULKARNI        SHUBHANGI
Location: HIGH
COURT OF
KARNATAKA
                      W/O DEEPAK MANE
                      AGE: 29 YEARS,
                      OCC: HOUSEHOLD WORK,
                      R/O C/O SHIVAJI A MORE,
                      GANESHWADI, TAL-MANGALWEDHA,
                      DIST. SOLAPUR, MAHARASHTRA - 413 305.
                                                                  ...RESPONDENT

                      (BY SRI SANJEEV KUMAR C. PATIL, ADVOCATE)

                             THIS MFA IS FILED UNDER SECTION 19(1) OF THE
                      FAMILY COURTS ACT, PRAYING TO SET ASIDE THE IMPUGNED
                      JUDGMENT AND AWARD DATED 13.03.2019 PASSED BY THE
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                                    NC: 2024:KHC-K:60-DB
                                         MFA No.200694 of 2019




PRL. JUDGE FAMILY COURT, VIJAYAPURA IN M.C.NO.104/2017
IN RESPECT OF DISMISSAL OF DIVORCE PETITION AND
PLEASED TO ALLOW THE M.C.CASE AND DISSOLVE THE
MARRIAGE     OF   APPELLANT    AND    RESPONDENT,      IN     THE
INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL COMING ON FOR ADMISSION, THIS DAY
B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:


                           JUDGMENT

This appeal is filed by the petitioner in

M.C.No.104/2017 on the file of the Principal Judge, Family

Court, Vijayapura seeking dissolution of marriage under

Section 13(1)(ia) of the Hindu Marriage Act, 1955 is

dismissed.

The learned counsels for the parties have stated before

this Court on 07.11.2023 that the parties have settled their

disputes and are living together. Sri Basavaraj R. Math, the

learned counsel for the appellant, reiterates the same even

today but submits that he is not able to secure definite

instructions in writing because the parties, as informed by

his counterpart, have re-settled elsewhere.

NC: 2024:KHC-K:60-DB

The records are perused and the submissions are

considered. This Court is of the considered view that if the

parties have settled their dispute and are living in harmony,

the appeal need not be kept pending and must be disposed

of but with liberty to the appellant, if the circumstances so

justify, to file necessary application for restoration of the

appeal. Hence, the following:

ORDER

The appeal stands disposed of for the

reasons as aforesaid but with liberty to the

appellant, subject to all just exceptions, to file

application for recall of this order if circumstances

so justify.

Sd/-

JUDGE

Sd/-

JUDGE

BL

CT;VK