Appellant sought withdrawal of appeal in divorce matter, claiming respondent remarried. Bench dismissed appeal as not pressed, upholding underlying decree validity post-remarriage.
Appeal dismissed as not pressed; Interim Application 2/2015 also dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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MFA.1922/2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF OCTOBER, 2020
PRESENT
THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA
AND
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
M.F.A.No.1922 OF 2015 (FC)
BETWEEN:
Smt.B.S.Nalini, W/o.Arun Belle, Aged about 45 years, Residing at A-1012, Brigade Gardenia, JP Nagar 7th Phase, Bangalore – 560 078. … Appellant (By Sri D.Prabhakar, Advocate) AND: Sri Arun Belle, S/o. Sri Sadashiva Rao, Aged 54 years, Residing at Flat No.206 F, 7th Cross, Lakeview Apartment, Pawamana Nagar, MPL Factory Compound, JP Nagar 8th Phase, Bangalore – 76 … Respondent (By Sri K.J.Gopi & Associates, Advocates)
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This appeal is filed under Section 19(1) of the Family Courts Act against the judgment and decree dated 18.10.2014 passed in MC.No.53/2008 on the file of the I Additional Principal Judge, Family Court, Bangalore, partly allowing the petition filed under Section 13 (1) (i-a) of the Hindu Marriage Act.
This appeal coming on for Admission this day, NAGARATHNA, J., delivered the following:
JUDGMENT
Sri D.Prabhakar, learned counsel for the appellant submits through video conference that the appellant is not interested in prosecuting the appeal as the respondent has remarried subsequent to the decree of divorce granted by the I Additional Principal Judge, Family Court at Bengaluru in M.C.No.53/2008 disposed of on 18.10.2014. He submits that the appellant may be permitted to withdraw the appeal.
Submission of the learned counsel is placed on record.
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MFA.1922/2015
Appeal is dismissed as not pressed.
In view of the aforesaid order, I.A.2/2015 is also
dismissed as not pressed.
Sd/JUDGE
Sd/JUDGE
PKS
1 issue framed by the court
Whether to allow withdrawal of appeal filed under Section 19(1) of the Family Courts Act.
2 provisions across 2 enactments
Smt. B.S. Nalini
Sri Arun Belle
B.V. Nagarathna
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
