Karnataka High Court
Sri S Nandakumar vs Dr A Savitha @ Soumya on 18 October, 2022
Bench: Alok Aradhe, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF OCTOBER 2022
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
M.F.A. NO.8526 OF 2014 (FC)
C/W
M.F.A. NO.8531 OF 2014 (FC)
IN M.F.A. NO.8526 OF 2014
BETWEEN:
SRI. S. NANDAKUMAR
AGED ABOUT 39 YEARS
S/O SRI. SUBRAMANYA REDDY
RESIDING AT NO.139, 2ND MAIN
SRINIVASA ROAD, 2ND BLOCK
THYAGARAJANAGAR, BANGALORE-560028.
... APPELLANT
(BY MR. NAIK N.R. ADV.,)
AND:
DR. A. SAVITHA @ SOUMYA
W/O SRI. S. NANDAKUMAR
AGED ABOUT 35 YEARS
RESIDING AT NO.331
9TH CROSS, SHASTRINAGAR
BANGALORE-560028.
... RESPONDENT
(BY MR. A. MAHESH CHOWDHARY, ADV., FOR
MR. A. NAGARAJA NAIDU, ADV.,)
---
2
THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT,
AGAINST THE JUDGMENT AND DECREE DATED:25.08.2014
PASSED ON MC NO.1497/2012 ON THE FILE OF THE
PRINCIPAL JUDGE, FAMILY COURT, BANGALORE,
DISMISSING THE PETITION FILED U/S 9 OF HINDU
MARRIAGE ACT, FOR RESTITUTION OF CONJUGAL RIGHTS
AND ALLOWING THE COUNTER CLAIM FOR RESPONDENT
THEREIN FILED U/S 12(1)(a) & SECTION 13(!)(ia) OF THE
HINDU MARRIAGE ACT.
IN M.F.A. NO.8531 OF 2014
BETWEEN:
SRI. S. NANDAKUMAR
AGED ABOUT 39 YEARS
S/O SRI. SUBRAMANYA REDDY
RESIDING AT NO.139, 2ND MAIN
SRINIVASA ROAD, 2ND BLOCK
THYAGARAJANAGAR, BANGALORE-560028.
... APPELLANT
(BY MR. NAIK N.R. ADV.,)
AND:
DR. A. SAVITHA @ SOUMYA
W/O SRI. S. NANDAKUMAR
AGED ABOUT 35 YEARS
RESIDING AT NO.331
9TH CROSS, SHASTRINAGAR
BANGALORE-560028.
... RESPONDENT
(BY MR. A. MAHESH CHOWDHARY, ADV., FOR
MR. A. NAGARAJA NAIDU, ADV.,)
---
THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT
AGAINST THE JUDGMENT AND DECREE DATED:25.8.2014
PASSED IN M.C.NO.1497/2012 ON THE FILE OF THE
PRINCIPAL JUDGE, FAMILY COURT, BANGALORE,
3
DISMISSING THE PETITION FILED U/SEC 9 OF THE HINDU
MARRIAGE ACT, 1955 FOR RESTITUTION OF CONJUGAL
RIGHTS. AND ALLOWING THE COUNTER CLAIM FOR
RESPONDENT THEREIN FILED U/S 12(1)(a) AND SECTION
13(i)(ia) OF HINDU MARRIAGE ACT.
THESE M.F.As. COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.8526/2014 has been filed against
judgment and decree dated 25.08.2014 passed in
M.C.No.1497/2012 by the Family Court by which
marriage between the parties has been dissolved.
MFA No.8531/2014 has been filed against
judgment and decree dated 25.08.2014 passed in
M.C.No.1497/2012 by the Family Court by which the
petition filed by the appellant under Section 9 of the
Hindu Marriage Act, 1955 (hereinafter referred to as
'the Act' for short) has been dismissed.
2. Learned counsel for the respondent submits
that the respondent has re-married and has a child
from the second marriage. It is further submitted that
the respondent does not intend to press the ground of
dissolution of marriage under Section 12(1)(a) of the
Act and the decree for dissolution of marriage may be
affirmed on the ground mentioned under Section
13(1)(ia) of the Act.
3. Learned counsel for the appellant submitted
that the appellant has no objection to the aforesaid
prayer.
4. In view of the aforesaid submissions and in
view of the subsequent events which have taken place
during the pendency of these appeals, judgment and
decree dated 25.08.2014 passed in
M.C.No.1497/2012 insofar as it pertains to
dissolution of marriage between the parties on the
ground enumerated under Section 12(1)(a) of the Act
is hereby set aside. However, dissolution of marriage
has been confirmed on the ground mentioned under
Section 13(1)(ia) of the Act.
Accordingly, MFA No.8526/2014 is disposed of.
5. In view of confirmation of judgment and
decree for dissolution of marriage in MFA
No.8526/2014, MFA No.8531/2014 is hereby
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
