Disposed

Sri Rahul Somanna @ G U Somanna v. Smt. Paithra M C

Karnataka HC5 Jun 2024MFA/8592/2023

Case brief

AI extract

What is this about?

Husband appealed a Family Court custody-related order under the Guardians and Wards Act. Parties settled their marital dispute, obtained mutual divorce under Section 13B Hindu Marriage Act, and filed a joint withdrawal memo covering the custody issue. The High Court permitted withdrawal and disposed of the appeal along with pending applications.

What the court decided

AI extract

Sri Rahul Somanna @ G U Somanna Vs Smt… — Child Custody and Guardianship | Karnataka HC (2024)

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1 - NC: 2024:KHC:19289-DB MFA No. 8592 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 8592 OF 2023 (GW)

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BETWEEN:

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SRI RAHUL SOMANNA @ G U SOMANNA S/O G.S. UTHAPPA AGED ABOUT 35 YEARS R/AT NO.1370, 2^ND FLOOR 1^ST PHASE, 3^RD STAGE BEML LAYOUT, R R NAGAR BENGALURU-560098 ALSO AT BALUGODU VILLAGE BITTANGALA POST VIRAJPET TALUK KODAGU DISTRICT.

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Digitally signed by SUMATHY (BY SRI. SAMRUDH SURAJ HEGDE - ADVOCATE) KANNAN Location: AND: High Court of SMT. PAITHRA M C Karnataka W/O RAHUL SOMANNA AGED ABOUT 31 YEAS R/AT NO.144, 2^ND MAIN 1^ST CROSS, VHBCS LAYOUT MAHALAKSHMIPURAM LAYOUT BENGALURU-560086.

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(BY SRI. SAMRUDH SURAJ HEGDE - ADVOCATE)

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…APPELLANT

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…RESPONDENT

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(BY SRI. M T NANAIAH – SR. COUNSEL FOR SRI. VISHNU HEGDE – ADVOCATE)

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2 - NC: 2024:KHC:19289-DB MFA No. 8592 of 2023

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THIS MFA FILED UNDER SECTION 47 (A) OF GUARDIANS AND WARDS ACT, PRAYING TO SET ASIDE THE FINAL ORDER DATED 25.11.2023 PASSED IN MISC. NO.42/2023 ON THE FILE OF THE IV-ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU, ALLOWING THIS APPEAL AND REJECT THE PETITION MADE BY THE RESPONDENT HEREIN UNDER ORDER XLV (a) OF THE GUARDIANS AND WARDS ACT.

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THIS MFA, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is preferred by the appellant challenging the order passed by the IV Additional Principal Judge, Family Court, Bangalore dated 25.11.2023 in Misc.No.42/2023.

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Sri Samrudh suraj Hegde, learned counsel for the appellant. Sri M T Nanaiah, learned Senior counsel for Sri Vishnu Hegde, learned counsel appearing for the respondent.

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Learned counsel Sri Vishnu Hegde undertakes to file vakalath on behalf of the respondent. Therefore, counsel is permitted to file vakalath for the respondent.

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The brief facts of the case is as follows:

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3 - NC: 2024:KHC:19289-DB MFA No. 8592 of 2023

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The appellant and respondent got married on 11.03.2012 as per the customs prevail in their society and the said marriage was love cum arranged marriage solemnized in the presence of elders and well wishers of both the parties. The marriage was duly consummated and out of the wedlock two children were born, namely Krrish Kariappa G S on 26.10.2023, now studying in 4^th standard and Leon Somaiah G.S born on 16.05.2015, now studying in 3^rd standard at Brooklyn National Public School, Bengaluru. Presently, the two minor children are in care and custody of appellants.

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Learned counsel for the appellant has filed a joint

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memo for withdrawal which reads as follows :

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That the appellant had preferred the above mentioned appeal challenging the order passed by the IV Addl Prl. Judge, Family Court, Bengaluru, peruse the same and set aside the final order dated 25.11.2023 in Misc.No.42/2023.

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Since the parties to the appeal are husband and wife, have come to a settlement regarding their marital relationship. Both the parties preferred a petition for mutual

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4 - NC: 2024:KHC:19289-DB MFA No. 8592 of 2023

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divorce filed u/s 13B of the Hindu Marriage Act before the Family Court, Bengaluru in MC No.2663/2024. The said petition was allowed and divorce was granted.

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It is further stated that parties have filed a memo for withdrawal and have mutually consented upon certain conditions one being the custody of the two minor children which was a subject matter of this appeal. Furthermore, the petitioner and respondent have mutually agreed to withdraw proceedings in G & WC No.203/2022 and G & WC No.207/2022.

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Since the matter regarding the custody of the children has been settled and the G & WC cases and allied Miscellaneous case on which this appeal has been preferred will be withdrawn.

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Therefore, The memo is placed on record. Appellant is permitted to withdraw the appeal as sought for.

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NC: 2024:KHC:19289-DB MFA No. 8592 of 2023

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Accordingly, appeal is disposed of.

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In view of the disposal of the matter, I.A.s pending also stands disposed of.

Sd/JUDGE

Sd/-

JUDGE

Sri Rahul Somanna @ G U Somanna v. Smt. Paithra M C

Case brief

What is this about?

What the court decided

Sri Rahul Somanna @ G U Somanna v. Smt. Paithra M C

Case brief

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What the court decided

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