Sri Chetan V Hiremath vs Kaveri Alias Lalita W/O Chetan ...
2023 Latest Caselaw 6142 Kant

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                                                   NC: 2023:KHC-D:9754-DB
                                                   MFA No.102019 of 2023




                IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                         DATED THIS THE 30TH DAY OF AUGUST, 2023

                                        PRESENT

                      THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

                                          AND

                        THE HON'BLE MR JUSTICE G BASAVARAJA

                  MISCELLANEOUS FIRST APPEAL NO.102019 OF 2023 (FC)

               BETWEEN:
               SRI. CHETAN V. HIREMATH,
               AGE: 47 YEARS, OCC: ASSOCIATE PROFESSOR,
               KIRLOSKAR INSTITUTE OF ADVANCE
               MANAGEMENT STUDIES, YANTRAPURA,
               HARIHAR, DIST: DAVANAGERE-577601.
                                                              ...APPELLANT
               (BY SRI.K.S.PATIL, ADVOCATE)

               AND:
JAGADISH T R
HIGH COURT     KAVERI @ LALITA W/O. CHETAN HIREMATH
OF             AGE: 40 YEARS, OCC: DOCTOR,
KARNATAKA
2023.09.07     R/O: C/O. SHIVALINGAYYA M. HIREMATH,
11:15:15       KAVERI PRINTERS, BALLOLLIMATH ROAD,
+0530
               BADIGER ONI, NEAR ERDETTINA MATH,
               HUBBALLI, DIST: DHARWAD-580020.
                                                           ...RESPONDENT
               (SERVED AND UNREPRESENTED)
                    THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT,
               AGAINST THE JUDGEMENT AND DECREE DATED 16.11.2022,
               PASSED IN MATRIMONIAL CASE NO.317/2021 ON THE FILE OF
               THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI, DISMISSING
               THE PETITION FILED U/SEC.9 OF THE HINDU MARRIAGE ACT.

                    THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
               S.R.KRISHNA KUMAR, J., DELIVERED THE FOLLOWING:
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                                       NC: 2023:KHC-D:9754-DB
                                       MFA No.102019 of 2023




                        JUDGMENT

This appeal by the appellant-husband is directed

against the impugned judgment and decree dated

16.11.2022 passed in M.C. No.317/2021 by the Principal

Judge, Family Court, Hubballi (for short, 'the Family Court'),

whereby the said petition filed by the appellant-husband

under Section 9 of the Hindu Marriage Act, 1955 seeking

restitution of conjugal rights against the respondent-wife,

whose marriage was solemnized with him on 22.11.2008,

was dismissed by the Family Court.

2. After arguing the matter for some time, the

learned counsel for the appellant submits that the appellant

may be permitted to withdraw the appeal reserving liberty

to the appellant-husband to take recourse to such remedies

available in law against the respondent-wife including

seeking a decree for divorce and other reliefs against the

respondent and by keeping open all contentions in this

regard. Submission is placed on record.

NC: 2023:KHC-D:9754-DB MFA No.102019 of 2023

3. The appeal is disposed of as withdrawn reserving

liberty in favour of the appellant-husband to take recourse

to such remedies as available in law including initiating

appropriate proceedings for decree for divorce and other

reliefs. In case, such proceedings are initiated against the

respondent-wife before the appropriate Court/forum/

authority etc., the said proceedings shall be adjudicated and

decided without being influenced by the findings and

observations recorded in the impugned judgment and

decree. All rival contentions between the parties are kept

open and no opinion is expressed on the same.

Subject to the aforesaid direction and liberty, the

appeal stands disposed of.

Sd/-

JUDGE

Sd/-

JUDGE KMS