IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 PRESENT THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ M.F.A. NO.2236 OF 2018 (FC) BETWEEN:
SMT. SOWMYA AGED ABOUT 37 YEARS D/O BALAKRISHNA SHETTIGAR R/A H.NO.12-4-86 DR. AMBEDKAR ROAD KADABETTU, UDUPI-576101 ... APPELLANT (BY SRI. MAHESH KIRAN SHETTY. S, ADVOCATE) AND:
RAMACHANDRA SHETTIGAR AEGED 32 YEARS S/O SHEKHAR SHETTIGAR R/O “SHRI GOWRI”, H.NO.2-48A1 BEHIND SRI LAKSHMI VENKATESH TEMPLE SANTHEKATTE, UDUPI TALUK PRESENTLY RESIDING AT “NESARA” DOOR NO.5/7B GUDDEYANGADI, POST UDYAVARA UDUPI TALUK AND DISTRICT-574118 ... RESPONDENT (BY SRI. MANMOHAN. P.N, ADVOCATE FOR C/R) ***** THIS APPEAL IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 29.11.2017 PASSED ON MC NO.163/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, UDUP, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(i-a) READ WITH SECTION 23 OF HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR HEARING THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T Learned counsel for the appellant submits that the dispute between the parties has been settled amicably. Therefore, the appellant does not wish to prosecute this appeal in further. A memo for withdrawal of the appeal has also been filed by the learned counsel for the appellant, which is also signed by the appellant. Smt.Sowmya, the appellant, who is present before the Court.
2. When enquired by this Court, she submitted that the appeal may be dismissed as withdrawn as there is amicable settlement between the parties and a sum of Rs.20,00,000/- (Rupees Twenty lakhs only) has been deposited by the respondent in the name of minor child Aryan. She further submits that she has no further claim as against the respondent.
3. Learned counsel for the respondent has no objection for the appeal being withdrawn. He also submits that the respondent has no further claim against the appellant. It is also recorded that the minor child Aryan will be in the custody of the appellant-mother.
4. In the circumstances, memo is taken on record and perused. The submission of the learned counsel for the respective parties is noted.
In the circumstances, appeal is dismissed as withdrawn.
In view of the dismissal of the appeal as withdrawn, I.A.No.1/2018 also stand dismissed.
At this stage, learned counsel for the appellant submits that original statement of marks and certificates of the Bangalore University and other certificates were filed before the Family Court, Udupi but they were not marked in evidence. Hence, permission may be granted to seek return of the original documents (12 in all).
Learned counsel for the respondent has no objection for return of the said documents to the appellant.
In the circumstances, appellant is permitted to seek return of these documents subject to filing of photographs of the same for the purpose of record. The same shall be handed over to the appellant by the Registrar (Judicial) today itself and she shall acknowledge the receipt of the same.
Sd/- JUDGE Sd/- JUDGE Prs*