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2025 DAILYLAW 5654 (KAR)

SANDHYA W/O ABHIJT HIRAPUR v. ABHIJIT S/O ARVIND HIRAPUR

MFA/102056/2024 · 2025-02-10

B M Shyam Prasad, Ramachandra D Huddar

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Judgment text

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- 1 - NC: 2025:KHC-D:2566-DB MFA No. 102056 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 102056 OF 2024 (FC) BETWEEN: SANDHYA W/O. ABHIJT HIRAPURI, AGE: 34 YEARS, OCC: HOUSEHOLD, R/O: BUDHVIHAR HINDUGADDA, NEAR GVT PU COLLEGE MAHANADDI, LEGEND ANANDA NAGAR HUBBALLI-580024. …APPELLANT (BY SRI. H. N. GULARADDI, AND SRI. G.D. PATIL, ADVOCATE) AND: ABHIJIT S/O. ARVIND HIRAPURI, AGE: 36 YEARS, OCC: RAILWAY EMPLOYEE, R/O: AKASH PARK, BEHIND ROYAL ENFIELD SHOWROOM, KESHWAPUR HUBBALLI. …RESPONDENT (BY SRI. KUSHAL V. BOLMAL, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL FILED U/S.19(1) OF THE FAMILY COURT ACT 1984, PRAYING TO A. KINDLY SET ASIDE THE IMPUGN JUDGMENT PASSED IN THE M.C.NO.248/2022 DATED 12.03.2024 BY THE LEARNED PRINCIPAL JUDGE FAMILY COURT, HUBBALLI IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2566-DB MFA No. 102056 of 2024 CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is as against a decree for dissolution of marriage between the appellant and the respondent. They were married on 18.05.2013 and they have a son. The appellant has filed a memo for withdrawal of the appeal. The appellant is identified by the learned counsel on record. On enquiry, the appellant submits that in the pending proceedings i.e., for maintenance and guardianship of the child, she has agreed for confirmation of the dissolution of marriage and has handed over the custody of the child to the respondent with visiting rights to her on payment of permanent alimony of Rs. 20,00,000/- [Rupees twenty lakhs only]. The learned counsel appearing for the appellant and the respondent submit that Rs.20,00,000/- [Rupees twenty lakhs only] is deposited in the proceedings under Section - 3 - NC: 2025:KHC-D:2566-DB MFA No. 102056 of 2024 125 of Cr.P.C and the petition stands disposed off because of the settlement. In light of the above, the appeal stands disposed off. The pending application stands disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM/CT-VG LIST NO.: 1 SL NO.: 20