IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 3037/2023 (SMA)

BETWEEN:

MR. MOHAMMED SUHAIB S/O AHAMMED BHAVA B.V., AGED ABOUT 33 YEARS, R/AT MASCO ELIT, MUKKACHERI, ULLAL VILLAGE AND POST, MANGALURU TALUK, D.K.-575020 …APPELLANT (BY SRI. B RAJA SUBRAHMANYA BHAT, ADVOCATE)

AND:

MRS. AZMIYA D/O P. ABBOBACKER, AGED ABOUT 26 YEARS, Digitally signed R/AT RIN MORLA HOUSE, by NIRMALA DEVI NARINGANA,MANJANADI, Location: HIGH BANTWAL TALUK COURT OF D K -575018 KARNATAKA …RESPONDENT (BY SRI. TALHA ISMAIL BENGRE, ADVOCATE FOR SRI. MOHAMMED ZAMEER K, ADVOCATE)

THIS MFA IS FILED U/S.39 OF SPECIAL MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DT.24.03.2023 PASSED IN O.S.NO.46/2021 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, D.K, MANGALURU, DECREEING THE SUIT FILED U/S.26 ORDER VII RULE 1 AND 2 OF CPC R/W SEC.2(ii), V AND VIII(a) OF THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939 AND ETC.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE