- 1 - HC-KAR NC: 2025:KHC-D:8182 RFA No. 100575 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR REGULAR FIRST APPEAL NO. 100575 OF 2024 BETWEEN: MALIKJAN S/O ABDUL RASOOL HAVERI, AGE: 37 YEARS, OCC: RAILWAY EMPLOYEE, R/O: #51/D, MTS COLONY, KARWAR ROAD, HUBBALLI. … APPELLANT (BY SRI. SACHIN C. ANGADI, ADVOCATE) AND: NASIRA D/O ABDUL RAZAK MULLA (BEFORE DIVORCE CALLING AS NASIRA W/O MALIKJAN HAVERI), AGE: 31 YEARS, OCC: PRIVATE WORK, R/O: #1, 3RD CROSS, MOMIN PLOT, KOULPETH, P.B. ROAD, HUBBALLI. … RESPONDENT THIS RFA IS FILED UNDER ORDER XLI RULE 1 OF CIVIL PROCEDURE CODE, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 16.11.2024 PASSED IN O.S. NO.25/2022 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8182 RFA No. 100575 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR) [[ The office objection is regarding maintainability of appeal on the reason that the impugned judgment and decree is passed by the Family Court, therefore, it is objection that the appeal is not maintainable. 2. Against the judgment and decree passed by the Family Court, appeal lies before this Court under Section 19 of Family Courts Act, 1984. Therefore, the present appeal is dismissed as not maintainable, reserving liberty to the appellant to file appropriate appeal before this Court, as per law. 3. Registry is directed to return judgment and decree produced along with this appeal, to the learned counsel for appellant after retaining photocopies of the same at the cost of the appellant. - 3 - HC-KAR NC: 2025:KHC-D:8182 RFA No. 100575 of 2024 4. The appellant is entitled to benefit of Section 14 of the Limitation Act, 1963. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 18