- 1 - NC: 2025:KHC-D:3956-DB MFA No. 103183 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH 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. 103183 OF 2024 (GW) BETWEEN: 1. SMT. DURRE SAMIN D/O RAJAAHMED SARMULLA AGE. 33 YEARS, OCC. HOUSEWIFE, R/O BAUXITE ROAD, OPP. VISHAL DHABA, ANNAPURNAVADI, SHAHU NAGAR, BELAGAVI-590010. 2. KUMARI ZUHA TABSUM D/O RIYAZ PATHAN AGE. 6 YEARS, OCC. NIL, R/O BAUXITE ROAD, OPP. VISHAL DHABA, ANNAPURNAVADI, SHAHU NAGAR, BELAGAVI-590010. SINCE MINOR REPRESENTED BY MOTHER APPELLANT NO.1 - APPELLANTS (BY SRI. AHAMED ALI J RAHIMANSHA, ADVOCATE) AND: MR. RIYAZ S/O BADESAB PATHAN, AGE. 36 YEARS, OCC. LECTURER, R/O DESAR WADE, ATHANI, DIST. BELAGAVI. - RESPONDENT THIS MFA IS FILED UNDER SECTION 47 OF GUARDIAN AND WARDS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI ON DATED 22.11.2023 IN G AND WC NO. 8/2021 & ETC. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3956-DB MFA No. 103183 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This Court is constrained to dismiss the appeal in M.F.A. No. 103173/2024 as no efforts are made despite being given opportunity even by a peremptory order and ‘a pass over’ in the morning session, but this dismissal must be on terms as the question is about the custody of a minor girl. Hence, the following: ORDER [a] The appeal in M.F.A. No. 103183/2024 is dismissed for default but with liberty to file an application for restoration upon compliance with office objections within a week from today. - 3 - NC: 2025:KHC-D:3956-DB MFA No. 103183 of 2024 [b] The arrangement for the visiting rights as is provided for under the previous order dated 06.02.2025 shall continue until the next date of hearing. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 0