Karnataka High Court
Sri Rahul Somanna @ G U Somanna vs Smt. Paithra M C on 5 June, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:19289-DB
MFA No. 8592 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 8592 OF 2023 (GW)
BETWEEN:
SRI RAHUL SOMANNA @ G U SOMANNA
S/O G.S. UTHAPPA
AGED ABOUT 35 YEARS
R/AT NO.1370, 2ND FLOOR
1ST PHASE, 3RD STAGE
BEML LAYOUT, R R NAGAR
BENGALURU-560098
ALSO AT
BALUGODU VILLAGE
BITTANGALA POST
VIRAJPET TALUK
KODAGU DISTRICT.
Digitally ...APPELLANT
signed by
SUMATHY (BY SRI. SAMRUDH SURAJ HEGDE - ADVOCATE)
KANNAN
Location: AND:
High Court of
Karnataka SMT. PAITHRA M C
W/O RAHUL SOMANNA
AGED ABOUT 31 YEAS
R/AT NO.144, 2ND MAIN
1ST CROSS, VHBCS LAYOUT
MAHALAKSHMIPURAM LAYOUT
BENGALURU-560086.
...RESPONDENT
(BY SRI. M T NANAIAH - SR. COUNSEL FOR
SRI. VISHNU HEGDE - ADVOCATE)
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NC: 2024:KHC:19289-DB
MFA No. 8592 of 2023
THIS MFA FILED UNDER SECTION 47 (A) OF GUARDIANS
AND WARDS ACT, PRAYING TO SET ASIDE THE FINAL ORDER
DATED 25.11.2023 PASSED IN MISC. NO.42/2023 ON THE
FILE OF THE IV-ADDITIONAL PRL. JUDGE, FAMILY COURT,
BENGALURU, ALLOWING THIS APPEAL AND REJECT THE
PETITION MADE BY THE RESPONDENT HEREIN UNDER ORDER
XLV (a) OF THE GUARDIANS AND WARDS ACT.
THIS MFA, COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the appellant challenging the
order passed by the IV Additional Principal Judge, Family
Court, Bangalore dated 25.11.2023 in Misc.No.42/2023.
Sri Samrudh suraj Hegde, learned counsel for the
appellant. Sri M T Nanaiah, learned Senior counsel for Sri
Vishnu Hegde, learned counsel appearing for the respondent.
Learned counsel Sri Vishnu Hegde undertakes to file
vakalath on behalf of the respondent. Therefore, counsel is
permitted to file vakalath for the respondent.
The brief facts of the case is as follows:
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The appellant and respondent got married on
11.03.2012 as per the customs prevail in their society and the
said marriage was love cum arranged marriage solemnized in
the presence of elders and well wishers of both the parties.
The marriage was duly consummated and out of the wedlock
two children were born, namely Krrish Kariappa G S on
26.10.2023, now studying in 4th standard and Leon Somaiah
G.S born on 16.05.2015, now studying in 3rd standard at
Brooklyn National Public School, Bengaluru. Presently, the two
minor children are in care and custody of appellants.
Learned counsel for the appellant has filed a joint
memo for withdrawal which reads as follows :
1. That the appellant had preferred the above
mentioned appeal challenging the order passed by the IV
Addl Prl. Judge, Family Court, Bengaluru, peruse the same
and set aside the final order dated 25.11.2023 in
Misc.No.42/2023.
2. Since the parties to the appeal are husband and wife,
have come to a settlement regarding their marital
relationship. Both the parties preferred a petition for mutual
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divorce filed u/s 13B of the Hindu Marriage Act before the
Family Court, Bengaluru in MC No.2663/2024. The said
petition was allowed and divorce was granted.
3. It is further stated that parties have filed a memo for
withdrawal and have mutually consented upon certain
conditions one being the custody of the two minor children
which was a subject matter of this appeal. Furthermore, the
petitioner and respondent have mutually agreed to withdraw
proceedings in G & WC No.203/2022 and G & WC
No.207/2022.
4. Since the matter regarding the custody of the
children has been settled and the G & WC cases and allied
Miscellaneous case on which this appeal has been preferred
will be withdrawn.
Therefore, The memo is placed on record. Appellant is
permitted to withdraw the appeal as sought for.
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Accordingly, appeal is disposed of.
In view of the disposal of the matter, I.A.s pending
also stands disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RJ
