IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL No.3331 of 2016 (FC) BETWEEN :
SRI.SHAIK MOHAMED BABA S/O.GHOUSE SAB AGED ABOUT 47 YEARS RESIDENT OF 11TH CROSS VEERASAGARA, TUMKUR PIN CODE – 572 104.
(BY SRI.SHAKEEL AHMED, ADVOCATE) AND:
SMT.HASEEN TAJ W/O.SHAIKH MOHAMED BABA AGED ABOUT 37 YEARS RESIDENT OF DOOR NO.43 POLICE QUARTERS BEHIND S.P.OFFICE, TUMKUR ... APPELLANT PIN CODE – 572 104. ...RESPONDENT (BY SRI.SUBHASH CHANDRA BOSE, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19 (1) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DATED 14.03.2016 PASSED IN O.S.NO.15/2014 BY THE PRINCIPAL JUDGE, FAMILY COURT AT TUMKUR ON THE GROUND OF DESERTION AND THE PRESENT APPEAL MAY BE ALLOWED WITH COSTS.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel for the respective parties.
2. On 21.11.2019, we had requested appellant’s counsel to get instructions as to whether the appellant is married and is having children from the second wife. Today, the appellant and the respondent are present before the Court. Appellant’s counsel submitted that the appellant has taken a second wife and his second marriage took place in the year 2013 itself and he has two children from the second marriage.
3. Learned counsel for the respondent submits that if the aforesaid submission is taken on record, then the prosecution of this appeal is only an harassment to the respondent, as the respondent had filed the suit before the Lower Court and has been successful in getting a decree of dissolution of her marriage with the appellant.
4. In response, Sri.Subhas Chandra Bose, learned counsel for the appellant, on instructions from the appellant submits that the appellant would withdraw this appeal.
5. His submission is placed on record.
6. The appeal is dismissed as withdrawn.
7. In view of the dismissal of the appeal, I.A.No.1/2016 is also dismissed as withdrawn.
Sd/- JUDGE Sd/- JUDGE VMB