High Court of Karnataka dismissed the miscellaneous first appeal as the petition does not survive since the son and daughter sought were born on dates indicating they had already attained majority by the time of hearing.
None granted; order to file execution petition for recovery of expenses if any.
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.
NC: 2024:KHC:20353-DB MFA No.3563/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2024 PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3563 OF 2017 (GW/WC)
BETWEEN:
SRI. NAYEEMUDDIN S/O K.M. SIRAJUDDIN AGED ABOUT 46 YEARS R/AT NO.63, OHA STREET SHIVAJINAGAR, BANGALORE-560 051.
…APPELLANT
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
(BY SRI. KIRAN KUMAR, ADV., AND SRI. K. CHANNAPPA, ADV., [ABSENT])
AND:
SMT. SYEDA NOOR FATHIMA W/O NAYEEMUDDIN D/O LATE SYED KAREEM AGED ABOUT 42 YEARS R/AT NO.11, 2ND FLOOR ANNIPURA MAIN ROAD SUDHAMANAGAR BANGALORE-560 027.
…RESPONDENT
(BY SRI. CHANDAN B.K. ADV., FOR SMT. SRUTI CHAGANTI, ADV.,)
THIS MFA IS FILED UNDER SECTION 47(a) OF GUARDIAN AND WARDS ACT, AGAINST THE JUDGMENT DATED 01.12.2015 PASSED IN G AND WC NO.127/2010 ON THE FILE OF THE II ADDITIONAL
PRINCIPAL JUDGE FAMILY COURT AT BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 7 OF GUARDIAN AND WARDS ACT OF 1980.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
JUDGMENT
No representation for the appellant.
NC: 2024:KHC:20353-DB MFA No.3563/2017
educational expenses payable by the appellant, the respondent is at liberty to recover the same by filing execution petition.
Appeal is disposed of accordingly.
Sd/JUDGE
Sd/JUDGE
RV
List No.: 1 Sl No.: 40
2 issues framed by the court
Whether an appeal for custody survives when the children concerned have attained majority.
Whether the respondent must pay educational expenses awarded by the Trial Court in absence of representation.
2 provisions across 1 enactments
Sri. Nayeemuddin S/o K.M. Sirajuddin
Smt. Syeda Noor Fathima W/o Nayeemuddin
K.S. Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
