The first appeal against a maintenance order was filed by the wife. The appellant filed an application seeking withdrawal of the appeal based on maintainability objections. The High Court permitted the withdrawal and dismissed the appeal accordingly.
Permission accorded for withdrawal of the appeal; appeal dismissed as withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 1797 OF 2024 (MC)
BETWEEN:
MRS. REKHA HEGDE AGED ABOUT 37 YEARS, W/O. GURUPRASAD M. N. HEGDE, PRESENTLY RESIDING AT IDDYA HOUSE, ODILNALA VILLAGE, BELTHANGADY TALUK.
…APPELLANT
(BY SMT. AKSHATHA SHETTY K., ADVOCATE)
AND:
Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA
MR. GURUPRASAD M. N. HEGDE AGED ABOUT 47 YEARS, S/O. LATE M. NAGESH HEGDE, PRESENTLY R/AT BLK 105 A EDGEFILEDPLAINS # 05-21 SINGAPORE - 821 105
PERMANENT ADDRESS R/AT B -302, CASA GRANDE, ATTAWAR, MANGALORE.
…RESPONDENT
THIS MFA FILED U/S 28(1) OF HINDU MARRIAGE ACT AGAINST THE JUDGMENT AND DECREE DATED 16.11.2023 PASSED ON I.A.NO.XI/2023 IN MC NO. 91/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, ALLOWING THE I.A.NO.XI FILED UNDER SECTION 24 OF HINDU MARRIAGE ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, DR. CHILLAKUR SUMALATHA , J. , DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel Smt.Akshatha Shetty.K, for the appellant submits that as the appeal is not maintainable, she would like to withdraw the appeal. She submits that the memo to that effect is also filed.
Accordingly, the appeal is dismissed as withdrawn.
Sd/JUDGE
Sd/JUDGE
NS CT:TSM, List No.: 1 Sl No.: 11
1 issue framed by the court
Whether the appellant is required to substantively argue maintainability of the appeal or is permitted to withdraw it.
1 provisions across 1 enactments
Mrs. Rekha Hegde
Mr. Guruprasad M.N. Hegde
K.Somashekar
Chillakur Sumalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
