K.L. Manjunath, J.@mdashAppellant''s petition filed to seek divorce u/s 13 (1)(ia), (ib), (1)(iii) of the Hindu Marriage Act has been rejected by the court below on the ground of maintainability.
2. MC No. 2040/08 was instituted by the appellant to dissolve the marriage solemnized between him and the respondent through his PA Holder Mr. K.M. Renuka. Family Court has dismissed the petition on 29.3.2010 on the ground that Power of Attorney given by the appellant herein is not to present any divorce petition and the GPA was executed by the appellant for some other purpose. Challenging the same, present appeal is filed.
3. Having argued the matter at length and considering the contents of Annexure-C GPA said to have been executed by the appellant heroin in favour of his uncle Mr. K.M. Renuka. Appellant''s counsel is requesting this Court to permit him to withdraw the petition with liberty to file a fresh petition.
4. Granting such liberty, this appeal is dismissed as withdrawn.
