- 1 - HC-KAR NC: 2025:KHC-D:8703-DB MFA No. 105050 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO.105050 OF 2024 (MC) BETWEEN: SMT. SHALAKA W/O. SOHAN WAGOJI, AGE: 31 YEARS OCC: HOUSEHOLD WORK, R/O: C/O: GANPAT MARUTI MAYANNACHE, 1ST FLOOR POTE BUILDING, OPP. K.M. DIXIT'S SHARADA NIVAS, NATHPAI NAGAR, ANGOL, DIST: BELAGAVI-590001. …APPELLANT (BY SRI. GIRISH A.YADAWAD, ADVOCATE) AND: MR. SOHAN S/O. SADANAND WAGOJI, AGE: 39 YEARS, OCC: MEDICAL PRACTITIONER, R/O: NEAR NEW BUS STAND, HUKKERI, TQ: HUKKERI, DIST: BELAGAVI-591309. …RESPONDENT (BY SRI. SACHCHIDANAND B.P., ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT, 1955, PRAYING TO SET ASIDE THE ORDER DATED 01.10.2024 PASSED BY THE SENIOR CIVIL JUDGE, HUKKERI IN M.C. NO.1/2021 AND REMAND THE MATTER TO THE TRIAL COURT WITH A DIRECTION TO DISPOSE OF IA NO.1 FILED THEREIN AND TO THEN DISPOSE OF MATTER ON MERITS, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8703-DB MFA No. 105050 of 2024 CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The appellant – wife is aggrieved of the impugned order passed by the learned Senior Civil Judge, Hukkeri in M.C.No.1/2021, whereby the respondent – husband who was the petitioner therein was permitted to withdraw the M.C. petition filed under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. It is the contention of the appellant that during the course of the proceedings, she had filed an application in I.A.No.1 under Section 24 of the Hindu Marriage Act for interim maintenance and therefore when the memo was filed by the respondent herein seeking to withdraw the petition, the petitioner herein raised objections that the application filed by her in I.A.No.1 has to be heard and disposed of before the petition is permitted to be withdrawn. 2. Learned counsel for the respondent – husband submits on instructions that the appeal may be allowed to - 3 - HC-KAR NC: 2025:KHC-D:8703-DB MFA No. 105050 of 2024 enable the learned Senior Civil Judge, Hukkeri to consider and dispose of I.A.No.1. 3. Placing the submission of the learned counsel for the respondent – husband on record, the appeal is allowed and the matter is remanded back to the learned Senior Civil Judge, Hukkeri to consider and dispose of I.A.No.1 filed by the petitioner herein in accordance with law. 4. The parties are directed to appear before the learned Senior Civil Judge, Hukkeri on 28.07.2025, without awaiting for further notice. Copy of this order shall be furnished to the learned Senior Civil Judge, Hukkeri for compliance. The application shall be heard and disposed of as expeditiously as possible and at any rate within a period of four weeks from 28.07.2025. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE CLK CT: UMD List No.: 1 Sl No.: 17