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2026 DAILYLAW 1425 (KAR)

MRS. SUDHA KANAUJIYA v. MR. K. MOHANARANGAN

MFA/7525/2024 · 2026-03-26

Jayant Banerji, Rajesh Rai K

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17204-DB MFA No. 7525 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 7525 OF 2024 (FC) BETWEEN: MRS. SUDHA KANAUJIYA AGED ABOUT 34 YEARS, D/O RAMESH, R/O OLD BARRACK T S O ROOM NO.19, CHEMBUR COMP. R C MARG, MUMBAI-400 007. …APPELLANT (BY SRI. GOPIKARUNAKARAN, ADVOCATE AND SRI. UDAY SHANKAR M., ADVOCATE) AND: MR. K. MOHANARANGAN AGED ABOUT 49 YEARS, S/O KANNIAPPAN, R/O NO.409, SRI VARI ENCLAVE, HORAMAVU PO., BANGALORE-560 074. …RESPONDENT (BY SRI. K. MOHANARANGAN, PARTY-IN-PERSON) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, 1984 AGAINST THE ORDER DATED 24.08.2022 PASSED IN MC.NO.5080/2019 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 11 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17204-DB MFA No. 7525 of 2024 R/W SECTION 5(i) AND 12(1) (b) R/W SECTION 5(ii) OF THE HINDU MARRIAGE ACT 1955. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) I.A.No.1/2026 is filed to recall the order dated 06.02.2026. The cause shown in the affidavit for non appearance is sufficient and therefore, the order dated 06.03.2026 is recalled and the appeal is restored to its file. 2. A memo for withdrawal of the appeal has been filed by the advocate for the appellant in which it is stated as follows: "1. The Appellant respectfully submits that she wishes to withdraw the appeal. 2. The Appellant prays that this court may be pleased to grant the appellant the liberty to file a petition under Section 25 of the Hindu Marriage Act, 1955 for maintenance and alimony." - 3 - HC-KAR NC: 2026:KHC:17204-DB MFA No. 7525 of 2024 3. Since the appellant is the dominus litis and wants to withdraw the appeal, appeal is dismissed as withdrawn. 4. As far as liberty sought to file a petition under Section 25 of the Hindu Marriage Act, 1955, without expressing any opinion as to the maintainability or otherwise of the claim of the appellant, it is observed that the provision of Section 25 of the Hindu Marriage Act, 1955 gives liberty to eligible persons to move appropriate application, for which no liberty of this Court is required. SD/- (JAYANT BANERJI) JUDGE SD/- (RAJESH RAI K) JUDGE CR/List No.: 1 Sl No.: 19