Mr.K.Srinivas Raju vs Smt.K.Suman Dhule
2024 Latest Caselaw 11745 Kant

Karnataka High Court

Mr.K.Srinivas Raju vs Smt.K.Suman Dhule on 28 May, 2024

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                                                 NC: 2024:KHC-K:3342-DB
                                                       MFA No.200484 of 2018



                                IN THE HIGH COURT OF KARNATAKA,

                                       KALABURAGI BENCH

                              DATED THIS THE 28TH DAY OF MAY, 2024

                                            PRESENT

                             THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
                                               AND
                              THE HON'BLE MR. JUSTICE RAJESH RAI K

                        MISCL. FIRST APPEAL NO.200484 OF 2018 (MC-DIV)

                      BETWEEN:

                      MR. K.SRINIVAS RAJU
                      S/O SAYANNA,
                      AGE: 40 YEARS,
                      OCC: SERVICE IN HEALTH DEPARTMENT,
                      R/O H.NO.2-1-161,
                      N.G.O'S COLONY,
                      ZAHIRABAD - 502 220.
                                                                 ...APPELLANT

                      (BY SRI MARTHANDAPPA MALLESHAPPA ALLUR, ADVOCATE)

Digitally signed by   AND:
BASALINGAPPA
SHIVARAJ
DHUTTARGAON
Location: High
                      SMT. K.SUMAN DHULE
Court Of Karnataka    W/O K.SRINIVAS RAJU
                      (D/O TUKARAM),
                      AGE: 37 YEARS,
                      OCC: HOUSEHOLD AND ASSISTANT
                      TEACHER WORKING IN Z.P. HR.P.S.RAIKOD,
                      R/O NOW AT PROPER BIDAR,
                      C/O LAXUMAN KESARI,
                      ALLAMPRABHU NAGAR
                      NEAR GUMPA, BIDAR - 585 401.
                                                               ...RESPONDENT
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                               NC: 2024:KHC-K:3342-DB
                                       MFA No.200484 of 2018



(BY  SRI LIYAQAT      FAREED        USTAD,     ADVOCATE      FOR
C/RESPONDENT)

    THIS MFA IS FILED UNDER SECTION 28 OF THE HINDU

MARRIAGE ACT, 1955 PRAYING TO:

    a) CALL FOR RECORDS IN M.C.NO.14/2015 ON THE FILE

       OF   2ND   ADDITIONAL       SENIOR    CIVIL   JUDGE   AND

       J.M.F.C., AT BIDAR,

    b) SET ASIDE THE JUDGMENT AND ORDER DATED :

       17.01.208 AND DECREE DATED 06.02.2018 PASSED

       BY THE 2ND ADDITIONAL SENIOR CIVIL JUDGE AND

       J.M.F.C., AT BIDAR IN M.C.NO.14/2015 BY ALLOWING

       THIS APPEAL.

    c) CONSEQUENTLY DISMISS THE DIVORCE PETITION

       FILED BY THE RESPONDENT IN M.C.NO.14/2015 ON

       THE FILE OF 2ND ADDITIONAL SENIOR CIVIL JUDGE

       AND J.M.F.C., AT BIDAR.

    d) GRANT SUCH OTHER RELIEF OR RELIEFS WHICH THIS

       HON'BLE COURT DEEMS FIT AND PROPER IN THE

       FACTS AND CIRCUMSTANCES OF THE CASE, IN THE

       INTEREST OF JUSTICE AND EQUITY.


    THIS MFA COMING ON FOR HEARING THIS DAY, ASHOK

S. KINAGI J., DELIVERED THE FOLLOWING:
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                                 NC: 2024:KHC-K:3342-DB
                                       MFA No.200484 of 2018



                          JUDGMENT

Learned counsel for the appellant filed a memo for

withdrawal. It is stated that the appellant has made efforts

to convince the respondent to come back to matrimonial

house to lead happy married life in the interest of future of

two children, but his efforts failed as the respondent

refused for the same. Hence, the appellant may be

permitted to withdraw the appeal as not pressed.

2. Memo is placed on record.

3. Accordingly, the appeal is dismissed as

not pressed.

Sd/-

JUDGE

Sd/-

JUDGE SKS