Dismissed

Mr Nithyananda Rai v. Mrs Soumya

Karnataka HC5 Jun 2023MFA/4731/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed two miscellaneous first appeals filed as withdrawn. The appeals challenged a judgment and decree passed in a divorce and restitution of conjugal rights matter. The court noted a dispute settlement memo filed by counsel and disposed of the pending applications.

What did the court decide?

Appeals dismissed as withdrawn, pending interlocutory application also dismissed.

Mr Nithyananda Rai Vs Mrs Soumya — Matrimonial and Divorce | Karnataka HC (2023)

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MFA No. 4731 of 2022 C/W MFA No. 4751 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JUNE, 2023

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PRESENT

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THE HON'BLE MR. JUSTICE ALOK ARADHE

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AND

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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MISCELLANEOUS FIRST APPEAL NO.4731 OF 2022 (FC) C/W MISCELLANEOUS FIRST APPEAL NO.4751 OF 2022 (FC)

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IN M.F.A. NO.4731/2022

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BETWEEN:

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MR. NITHYANANDA RAI S/O NARAYANA RAI AGED 37 YEARS R/O THALAKALA PADE HOUSE KOLAMBE POST, BAJPE 574189 MANGALURU TALUK DAKSHINA KANNADA.

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…APPELLANT

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(BY SRI. PRASAD B.S. ADV.,)

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Digitally signed by RUPA V Location: High Court of Karnataka

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AND:

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MRS. SOUMYA D/O DERANNA SHETTY AGED 31 YEARS R/O KIDOORU, ARANTHODU ICHALAMPADY POST, VIA KUMBLE KASARAGOD-671321, KERALA STATE.

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…RESPONDENT

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THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 26.03.2022 PASSED IN M.C.NO.144/2018 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA KANNADA, MANGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT,

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MFA No. 4731 of 2022 C/W MFA No. 4751 of 2022

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1955, ALLOWING THE COUNTER CLAIM OF RESPONDENT UNDER SECTION 9 OF HINDU MARRIAGE ACT, 1955 FOR RESTITUTION OF CONJUGAL RIGHTS.

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IN M.F.A. NO.4751 OF 2022

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BETWEEN:

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MR. NITHYANANDA RAI S/O NARAYANA RAI AGED ABOUT 37 YEARS R/O THALAKALA PADE HOUSE KOLAMBE POST, BAJPE-574189 MANGALURU TALUK DAKSHINA KANNADA.

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…APPELLANT

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(BY SRI. PRASAD B.S. ADV.,)

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AND:

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MRS. SOUMYA D/O DERANNA SHETTY AGED 31 YEARS R/O KIDOORU ARANTHODU ICHALMPADY POST, VIA KUMBLE KASARAGOD-571321, KERALA STATE.

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…RESPONDENT

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THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 26.03.2022 PASSED IN M.C.NO. 144/2018 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA KANNADA, MANGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT, 1955.

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THESE APPEALS COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

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3 - MFA No. 4731 of 2022 C/W MFA No. 4751 of 2022

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JUDGMENT

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Mr.Prasad B.S., learned counsel for the appellant

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submits that the dispute between the parties has been amicably settled. A memo filed in this regard is accepted.

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Accordingly, appeals are dismissed as withdrawn.

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Consequently, pending interlocutory application is

also dismissed.

Sd/JUDGE

Sd/JUDGE

Mr Nithyananda Rai v. Mrs Soumya

Case brief

What is this about?

What did the court decide?

Mr Nithyananda Rai v. Mrs Soumya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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