Shri. Nitin S/O Kamalakar Kudturkar vs Smt. Mamta Alias Dhanshri W/O Nitin ...
2025 Latest Caselaw 1813 Kant

Karnataka High Court

Shri. Nitin S/O Kamalakar Kudturkar vs Smt. Mamta Alias Dhanshri W/O Nitin ... on 29 July, 2025

                                                  -1-
                                                               NC: 2025:KHC-D:9301
                                                         RPFC No. 100120 of 2025


                       HC-KAR



                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                 DATED THIS THE 29TH DAY OF JULY, 2025

                                                BEFORE
                                 THE HON'BLE MR. JUSTICE G BASAVARAJA
                                REV.PET FAMILY COURT NO. 100120 OF 2025



                      BETWEEN:

                      SHRI. NITIN S/O. KAMALAKAR KUDTURKAR
                      AGE. 43 YEARS, OCC. PRIVATE SERVICE
                      R/O. FLAT NO.AF-2, HOUSE NO.23-50,
                      4TH FLOOR, ZINGADIMOL,
                      CURTI, PONDA, GOA-40340

                                                                    ...PETITIONER
                      (BY SRI. DATTATRAYA TIMMANNA HEBBAR, ADVOCATE)

                      AND:

                      1.   SMT. MAMTA @ DHANSHRI W/O. NITIN KUDTRUKAR
                           AGE. 40 YEARS, OCC. HOUSEHOLD (PRIVATE SERVICE)
                           R/O. C/O. M.N. AMARASHETTI,
                           SHRI RAGHAVENDRA NILAYA, SADHANKERI,
                           3RD CROSS, DHARWAD,
                           DIST. DHARWAD.
Digitally signed by
MALLIKARJUN
RUDRAYYA
KALMATH
Location: HIGH
COURT OF
                      2.   KUMARI SHREESHA D/O. NITIN KUDTRUKAR
KARNATAKA
DHARWAD BENCH
Date: 2025.07.31
                           AGE. 11 YEARS, OCC. STUDENT,
11:27:06 +0530
                           R/O. C/O. M.N. AMARASHETTI
                           SHRI RAGHAVENDRA NILAYA
                           SADHANKERI, 3RD CROSS, DHARWAD,
                           DIST. DHARWAD.

                      3.   KUMARI NAVYA D/O. NITIN KUDTRUKAR
                           AGE. 11 YEARS, OCC. STUDENT,
                           R/O. C/O. M.N. AMARASHETTI,
                           SHRI RAGHAVENDRA NILAYA,
                           SADHANKERI, 3RD CROSS, DHARWAD,
                           DIST. DHARWAD.
                                                                    ...RESPONDENTS
                                 -2-
                                              NC: 2025:KHC-D:9301
                                        RPFC No. 100120 of 2025


HC-KAR



     THIS RPFC FILED UNDER SEC.19(4) OF THE FAMILY COURT
ACT,   1984,   PRAYING    TO    CALL    FOR    RECORDS    IN
CRL.MISC.NO.128/2024 ON THE FILE OF PRL. JUDGE FAMILY COURT,
DHARWAD AND ALLOW THE REVISION PETITION BY SETTING ASIDE
THE    IMPUGNED     JUDGMENT      DATED      21.12.2024   IN
CRL.MISC NO.128/2025, PASSED BY THE PRINCIPAL JUDGE FAMILY
COURT, DHARWAD.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:




                         ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)

1. Learned counsel for the petitioner has filed a

memo for withdrawal of the petition. The memo reads as

under:

"Memo for withdrawal of the case

The counsel for the petitioner begs to submit as under.

The above said case is filed against the I.A.No.III dated 21.12.2024 passed by the Principal District Judge, Family Court Dharwad. The said R.P.F.C. No.100120/2025 is filed due to oversight instead of filing writ petition. Now the petitioner is intending to withdraw the said case for bonafide reasons.

Therefore it is most humbly prayed that, the Hon'ble court pleased to permit to withdraw the above said case and liberty to file writ petition in the interest of justice and equity."

NC: 2025:KHC-D:9301

HC-KAR

2. Memo is taken on record.

3. In view of the memo, the petitioner is permitted

to withdraw the petition with liberty to take necessary

legal actions to question the impugned proceedings before

the competent authority.

Sd/-

(G BASAVARAJA) JUDGE

AC CT-CMU