Court disposed of two connected writ petitions filed by petitioner against family court orders in a matrimonial dispute. Petitioner withdrawn petitions citing settlement reached abroad, resulting in dismissal.
Leave granted to withdraw writ petitions; petitions disposed of as withdrawn.
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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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.6578 OF 2018 (GM-FC) C/w WRIT PETITION NO.13004 OF 2017 (GM-FC)
IN W.P.No.6578/2018
BETWEEN:
MR. MIRAJ MEHTA, S/O MR. VIJAY MEHTA, AGE 35 YEARS, PERMANENT RESIDENT OF USA, HAVING HIS ADDRESS AT 12618 BRICKELLIA STREET, SAN-DIEGO CALIFORNIA-92129 UNITED STATE OF AMERICA. REPRESENTED BY HIS GENERAL POWER OF ATTORNEYHOLDER, SRI. VIJAY MEHTA, S/O SRI. VANDRAVANDAS MEHTA, AGED 60 YEARS, R/AT 1003, HRISHIKESH APARTMENTS, 874, VEER SAVARKAR MARG, PRABHADEVI, MUMBAI - 400 028.
…PETITIONER
(BY SRI. MANMOHAN P.N, ADVOCATE)
AND:
MRS. NIDHI SHAH, W/O MIRAJMEHTA, AGE 34 YEARS, PERMANENT RESIDENT OF USA, PERMANENT RESIDING AT 12618, BRICKELLIA STREET, SAN DIEGO CA 92129 AND TEMPORARY RESIDING AT FLAT NO.505, "GUL BAHAR APARTMENT" NO.10, HAREKRISHNA ROAD,
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…RESPONDENT
KUMARA PARK EAST BENGALURU 560 001.
(BY SRI. D. PRABHU, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.01.2018 PASSED ON I.A.NO.11 AND 12 IN MC NO.5020 OF 2013 PASSED BY THE COURT OF 2ND ADDITIONAL PRINCIPAL JUDGE FAMILY COURT AT BENGALURU (PRODUCED AS ANNEXURE-K) AND CONSEQUENTLY REJECT IA NO.11 AND 12; AND ETC.
IN W.P.No.13004/2017
BETWEEN:
MR. MIRAJ MEHTA, S/O. SRI. VIJAY MEHTA, AGE 34 YEARS, PERMANENT RESIDENT OF USA, HAVING HIS ADDRESS AT 12618, BRICKELLIA STREET, SAN-DIEGO, CALIFORNIA - 92129, UNITED STATES OF AMERICA, REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER, SRI. VIJAY MEHTA, S/O SRI. VANDRAVANDAS MEHTA, AGED 59 YEARS, R/AT.1003, HRISHIKESH APARTMENTS, 874, VEER SAVARKAR MARG, PRABHADEVI, MUMBAI - 400 028.
...PETITIONER
(BY SRI. MANMOHAN P.N., ADVOCATE)
AND:
MRS. NIDHI SHAH, W/O MIRAJMEHTA, AGE 33 YEARS, PERMANENT RESIDENT OF USA, HAVING HER PERMANENT RESIDENTIAL ADDRESS RESIDING AT 12618, BRICKELLIA STREET, SAN DIEGO CA 92129, TEMPORARY RESIDING AT FLAT NO.505,
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"GUL BAHAR APARTMENT" NO.10, HAREKRISHNA ROAD, KUMARA PARK EAST BENGALURU - 560 001.
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 5.1.2017 PASSED ON I.A.V IN M.C.5020/2013 PASSED BY THE COURT OF THE II ADDL. FAMILY COURT AT BANGALORE AT ANNEX-N AND CONSEQUENTLY ALLOW I.A.V AS PRAYED FOR.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING-B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed memos
dated 11.11.2021 seeking leave to withdraw the petitions.
The Memo in W.P.No.6578/2018 reads as under:
"This Writ Petition is filed challenging the order dated 16.01.2018 and 30.01.2018 passed in M.C.No.5020 / 2013 passed by the Court of the II Additional Principal Judge Family Court, Bengaluru. In view of the settlement arrived by the parties before the Family Court at San Diego, California, U.S.A., the M.C.No.5020 / 2013 filed by the respondent was dismissed as withdrawn vide order dated 25.10.2021. Hence, the prayer in the above writ petition does not survive for consideration and hence the petitioner seeks kind leave of this Hon'ble Court to withdraw the above Writ Petition. This memo may be kindly taken on record in the interest of Justice and equity."
The Memo in W.P.No.13004/2017 reads as under:
"This Writ Petition is filed challenging the order dated 05.01.2017 passed on I.A.No.V passed in
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M.C.No.5020 / 2013 passed by the Court of the II Additional Principal Judge Family Court, Bengaluru. In view of the settlement arrived by the parties before the Family Court at San Diego, California, U.S.A., the M.C.No.5020 / 2013 filed by the respondent was dismissed as withdrawn vide order dated 25.10.2021. Hence, the prayer in the above writ petition does not survive for consideration and hence the petitioner seeks kind leave of this Hon'ble Court to withdraw the above Writ Petition. This memo may be kindly taken on record in the interest of Justice and equity."
Accordingly, these writ petitions are disposed off as having been withdrawn in terms of the respective memos filed.
Sd/JUDGE
DS
Mr. Miraj Mehta
Mrs. Nidhi Shah
K.S. Dixit
As recorded by the court registry
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