Juliana Menezes vs Richard Menezes
2021 Latest Caselaw 276 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 6TH DAY OF JANUARY, 2021

                       PRESENT

       THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA

                         AND

           THE HON'BLE MRS.JUSTICE M.G.UMA


 MISCELLANEOUS FIRST APPEAL NO. 391 OF 2019 (IDA)

BETWEEN:

JULIANA MENEZES
DAUGHTER OF BENJAMIN ROADRIGUES
AGED ABOUT 45 YEARS
R/AT PARANEERU
PARENKI GRAMA, MADANTHYAR
BELTHANGADY TALUK
DAKSHINA KANNADA-574 294.
                                      ... APPELLANT

(BY SRI:DILRAJ ROHIT SEQUEIRA, ADVOCATE (VC))

AND:

RICHARD MENEZES
SON OF LAWRENCE MENEZES
AGED ABOUT 54 YEARS
RESIDING AT H.NO.374/1
M.G.HOUSE, NEERMARGA POST
MANGALURU-575 029.
                                      ...RESPONDENT

(BY SMT:ROSA PARAMEL, ADVOCATE(VC))

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF THE FAMILIY COURTS ACT READ WITH
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SECTION 55 OF THE INDIAN DIVORCE ACT, 1869, AGAINST
THE JUDGEMENT AND DECREE DATED 29.09.2018 PASSED IN
MC NO.170 OF 2016 ON THE FILE OF THE PRL. JUDGE, FAMILY
COURT, D.K., MANGALURU, PARTLY ALLOWING THE PETITION
FILED BY THE PETITIONER UNDER SECTION 10(x) AND 37 OF
INDIAN DIVORCE ACT.

     THIS MISCELLANEOUS FIST APPEAL COMING ON FOR
FURTHER ORDERS THIS DAY, NAGARATHNA, J., DELIVERED
THE FOLLOWING:

                       JUDGMENT

This appeal is filed by the wife being aggrieved by

the rejection of her petition filed under Sections 10(x) and

37 of the Indian Divorce Act, 1869 in MC No.170 of 2016

on 29.09.2018 by the Family Court, Dakshina Kannada,

Mangaluru. Concurrently, the Family Court has allowed the

counter claim filed by the respondent-husband seeking

restitution of conjugal rights. There has been no

restitution of conjugal rights till date.

2. In the circumstances, this appeal is disposed

reserving liberty to the appellant to seek dissolution of

marriage under Section 10(1)(x) of the Act. In the event,

the appellant herein is unsuccessful in seeking relief under

the said provisions, liberty is reserved to the appellant to

revive this appeal.

Ordered accordingly.

In view of the disposal of the appeal, IA.2 of 2019

filed for stay stands disposed, subject to the aforesaid

liberty.

Sd/-

JUDGE

Sd/-

JUDGE

*bgn/-