This miscellaneous first appeal against a maintenance decree was dismissed as withdrawn by the High Court of Karnataka after the appellant deposited the awarded alimony amount via bankers cheque and provided a receipt releasing future claims.
Appeal dismissed as withdrawn; decree drawn up accordingly.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2022
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON’BLE MR. JUSTICE C.M.JOSHI
M.F.A.No.7798 of 2019 (MC)
BETWEEN:
SRI G.M.PRAMOD S/O LATE G.S.MURALIDHAR AGED ABOUT 38 YEARS NO.12, B2 BLOCK POLICE QUARTERS NEAR TOWN POLICE STATION PRASHANTH NAGAR CHICKBALLAPUR-562 101.
...APPELLANT
(BY SRI V.ANAND, ADVOCATE)
AND
SMT. SANDHYA B. W/O G.M.PRAMOD D/O K.N.PADMAKSHI R/AT C/O NIKKAR NARASIMHAIAH OPP. TO ANJALI SOUND SYSTEM CHIKKABALLAPUR CITY.
…RESPONDENT
(BY SRI SHIVAKUMAR V., ADVOCATE)
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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 08.02.2019 PASSED IN M.C.NO.25/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, CHICKBALLAPUR, ALLOWING THE PETITION FILED UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955.
THIS M.F.A. COMING ON FOR HEARING, THIS DAY G.NARENDAR J. , DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellant and
learned counsel for respondent.
Court a Memo dated 18-8-2022 and the said Memo reads as under:
"MEMO
The appellant in the above case submits that the Trial Court had awarded a sum of Rs.5,00,000/- as permanent alimony and that the appellant herein had challenged the same in the above appeal among the grounds specified therein and that at the intervention of elders the above appeal may be permitted to be withdrawn and the appellant is herewith furnishing the Bankers Cheque drawn on State Bank of India bearing Bankers Cheque No.915602 dated 01.07.2022 drawn in favour of the respondent herein and hence prays for
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withdrawal of the above appeal in the interest of justice and equity."
and the same reads as under:
" RECIEPT
The Respondent herein acknowledges the receipt of demand draft in her favour drawn on State Bank of India, B.B.Road Branch dated 01-07-2022 bearing Demand Draft No.915602 and duly acknowledges the same and shall not any future claims in any manner from the petitioner."
appellant that the permanent alimony awarded under the impugned judgment under challenge is Rs.5,00,000/- and the appellant has decided and paid the same by way of banker's cheque as stated supra.
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Decree be drawn up accordingly.
Sd/JUDGE
Sd/JUDGE
tsn*
1 issue framed by the court
Whether the maintenance appeal should be allowed to be withdrawn upon payment of the awarded sum.
2 provisions across 1 enactments
Sri G.M.Pramod
Smt. Sandhya B.
G.Narender
C.M.Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
