IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2017 PRESENT THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE N.K. SUDHINDRARAO M.F.A.NO.2716/2016 (MC) BETWEEN:
M.S.GANGADHARAIAH S/O LATE SIDDARAMAIAH AGED ABOUT 37 YEARS R/AT MURASHETTY HALLI VILLAGE KADBA HOBLI GUBBI TALUK TUMKUR DISTRICT PIN – 572 223. ..APPELLANT (BY SRI MANU SHANKAR S.S., ADVOCATE) AND:
S.P.MANJULA W/O M.S.GANGADHARAIAH D/O PRAKASHAIAH AGED ABOUT 33 YEARS R/AT SHIVENAHALLI HAGALVADI HOBLI GUBBI TALUK TUMKUR DISTRICT -PIN – 572 223. ..RESPONDENT THIS MFA IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT AGAINST THE JUDGMENT AND DECREE DATED:02.12.2015 PASSED IN M.C.No.22/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, GUBBI, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(1a)(1b) OF THE HINDU MARRIAGE ACT.
THIS MFA COMING ON FOR ORDERS THIS DAY, JAYANT PATEL J., PASSED THE FOLLOWING:
ORDER Mr.Manushankar S.S., learned counsel for the appellant states that he may be permitted to withdraw the present appeal with liberty to file another petition for divorce, if any ground is available in accordance with law.
Without expressing any opinion on merits to the another petition, the appeal shall stand disposed of as withdrawn.
However, it is observed that if any another petition is filed for divorce, the rights and contentions of respondent shall also remain open to be considered in accordance with law.
In view of the above, application for condonation of delay shall also stand disposed of.
Sd/- JUDGE Sd/- JUDGE SBN