A miscellaneous first appeal against a decree of absolute divorce filed under Section 13(1)(i-b) of the Hindu Marriage Act was dismissed as withdrawn without any substantive debate, with liberty reserved to challenge the impugned order.
Appeal dismissed as withdrawn; liberty reserved to challenge the impugned decree under law.
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, DHARWAD BENCH DATED THIS THE 23RD DAY OF NOVEMBER, 2023 PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO. 102705 OF 2023 (FC)
BETWEEN:
SMT. ASHWINI W/O. GAUTAM PATANKAR, AGE. 40 YEARS, OCC. SERVICE, R/O. C/O. SHRI. YALLAPPA AMBEWADIKAR, ”SRIKRUPA”, 357/B, KARBAR GALLI, M. VADAGAON, DIST. BELAGAVI-590001.
…APPELLANT
(BY SRI. RAJASHEKHAR BURJI, ADVOCATE)
AND:
SHRI. GAUTAM, S/O. RATAN PATANKAR, AGE. 45 YEARS, OCC. PVT. SERVICE, R/C. PL.NO. 41, VASANTH PRATIBHA, TEACHER’S COLONY, KHASBAG, DIST. BELAGAVI-590007.
…RESPONDENT
VINAYAKA B V
Digitally signed by VINAYAKA B V Date: 2023.11.28 11:56:07 +0530
THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT 1984, AGAINST THE JUDGEMENT AND DECREE DATED 08.02.2023, PASSED IN MATRIMONIAL CASE NO.403/2021 ON THE FILE OF THE PRINCIPAL JUDGE FAMILY COURT BELAGAVI, ALLOWING THE PETITION FILED U/SEC. 13(B) OF THE HINDU MARRIAGE ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, S.SUNIL DUTT YADAV J., DELIVERED THE FOLLOWING:
NC: 2023:KHC-D:13657-DB MFA No. 102705 of 2023
ORDER
In light of the memo filed, appeal is dismissed as withdrawn. Liberty is reserved to the appellant to challenge the impugned order in accordance with law.
Office is directed to return the original documents/ certified copies while retaining xerox copy for reference.
Sd/JUDGE
Sd/JUDGE
PMP
List No.: 2 Sl No.: 9
Smt. Ashkini W/o. Gautam Patankar
Shri. Gautam S/o. Ratan Patankar
S. Sunil Dutt Yadav
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
