Husband appellant in a divorce appeal filed a memo seeking withdrawal after elders advised amicable settlement; the High Court dismissed the appeal as withdrawn.
Appeal dismissed as withdrawn per appellant's memo.
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
MISCL. FIRST APPEAL NO.200106 OF 2019 (FC-DIV)
BETWEEN:
GANGADHAR SWAMY S/O LATE VEERAYYA SWAMY AGE: 48 YEARS, OCC:TEMPORARY TEACHER AT NAVODYA SCHOOL, R/O JAWAHAR NAGAR, RAICHUR – 584 101.
…APPELLANT
(BY SRI. B. K. HIREMATH, ADVOCATE)
Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA
AND:
SARASWATI W/O GANGADHAR SWAMY AGE: 44 YAERS, OCC:TEACHER IN PVT. SCHOOL, R/O C/O ANNAYYA SWAMY, RETD. PSI, BEHIND SUGURESHWAR TEMPLE, DEOSUGUR, TQ. AND DISTRICT: RAICHUR- 584 101.
…RESPONDENT
(BY SRI. BASAVARAJ R. MATH, ADVOCATE)
THIS MFA IS FILED U/S 19 (1) OF FAMILY COURTS ACT, PRAYING TO CALL FOR RECORDS AND ALLOW THE APPEAL FILED BY THE APPELLANT BY SETTING ASIDE THE JUDGMENT AND DECREE PASSED BY PRL. JUDGE, FAMILY COURT AT RAICHUR IN M.C.NO.59/2018 ON DATED 14.11.2018 AND DISSOLVE THE MARRIAGE OF THE PETITONER WITH RESPONDENT DATED 13.02.2002 AND PASS A DECREE OF DIVORCE, IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant has filed a memo for withdrawal of appeal. It is stated in the memo that appellant has challenged the judgment passed in MC No.59/2018 dated 14.11.2018 before the Family Court and
as per the advice of the elder members and well wishers, it is informed to the appellant to withdraw the appeal and matter would be settled amicably and therefore, the appellant does not wish to proceed with the appeal. Hence, he prays that the appeal may be dismissed as withdrawn.
The memo is taken on record.
In view of the memo, the appeal is dismissed as
withdrawn.
Sd/JUDGE
Sd/JUDGE
VNR List No.: 1 Sl No.: 14 CT:BN
1 issue framed by the court
Should the appeal against the Family Court decree be allowed and a divorce granted, or should it be withdrawn for amicable settlement?
1 provisions across 1 enactments
Gangadhar Swamy S/o Late Veerayya Swamy
Saraswati W/o Gangadhar Swamy
Ashok S. Kinagi
Rajesh Rai K
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
