Karnataka High Court
Sundari D @ Soujanya vs Prashanth Kumar K C on 11 January, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
M.F.A. No.2282 OF 2020 (FC)
BETWEEN:
SUNDARI D. @ SOUJANYA
W/O PRASHANTH KUMAR K C
AGED ABOUT 37 YEARS
R/AT NO. 8686, 4TH STAGE
2ND PHASE, VIJAYANAGARA EXTENSION
DEVARAJA MOHALLA, MYSURU 56001.
... APPELLANT
(BY MRS. BHUSHANI KUMAR, ADV.,)
AND:
PRASHANTH KUMAR K C
S/O LATE CHIKKARAMU K.S.
AGED ABOUT 48 YEARS
R/AT ANUGRAHA
KUDARAGUNDI, GEJJALAGERE
MADDUR TALUK
MANDYA DISTRICT 571428.
... RESPONDENT
(BY MR. H.C. SHIVARAMU, ADV.,)
---
THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT
AGAINST THE JUDGMENT AND DECREE DATED 18.01.2020
PASSED IN MC NO.825/2018 ON THE FILE OF THE III
ADDITIONAL PRL. JUDGE, FAMILY COURT, MYSURU,
2
DISMISSING THE CLAIM PETITION FILED UNDER SECTION
13(1)(ia) OF HINDU MARRIAGE ACT.
THIS M.F.A. COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 19(1) of the Family Courts
Act, 1984 has been filed against judgment and decree
dated 18.01.2020 by which petition filed by the appellant
seeking dissolution of marriage has been dismissed.
2. Facts giving rise to filing of this appeal briefly
stated are that the marriage between the parties was
solemnized on 17.02.2008 in Pandavapura Village, District
Mandya. The appellant is employed as Assistant Professor
in Government Women's College, Mandya, whereas, the
respondent is an agriculturist. Out of the wedlock, a
daughter viz., Aishwarya K.P. is born.
3. The appellant filed a petition on about
06.12.2018 seeking dissolution of the marriage on the
ground of cruelty. It is pleaded in the petition that after
the marriage, the appellant got appointment as a lecturer
in Government Degree College in the year 2009. It was
further pleaded that respondent used to abuse and
assault the appellant near the work place of the appellant
and in public places. It was also pleaded that respondent
used to take away the entire salary of the appellant and
used to harass the appellant physically and mentally. The
appellant had given birth to a daughter. The respondent
after the birth of the daughter stated before the
colleagues, students and relatives that Principal of the
College is the father of the child. The respondent used to
take financial assistance from the students and colleagues
of the appellant. It was therefore averred that the
respondent has subjected the appellant to mental cruelty.
Accordingly, the dissolution of marriage was sought on the
ground of cruelty.
4. The respondent filed statement of objection in
which the factum of marriage was admitted. However, the
averments made in the petition were denied. It was also
pleaded that the respondent was not permitted to interact
with the daughter till almost for a period of one year. In
para 20 of the statement of objection it was pleaded that
appellant was having illicit relationship with one
Mallikarjun and was visiting him in the absence of his
wife.
5. On the basis of the pleadings of the parties, the
family court framed the issues. The appellant examined
herself as PW1 and two witnesses viz., Shivlingegowda and
Manjunatha M as PW2 and PW3 and exhibited 5
documents viz., Ex.P1 to Ex.P5. The respondent examined
himself and did not produce any documents. The family
court vide impugned judgment inter alia held that the
appellant herself withdrew from the company of
respondent without any reasonable cause and therefore,
the parties must find out a workable solution. Accordingly,
the petition was dismissed.
6. Learned counsel for the appellant submitted
that baseless allegations have been made by the
respondent that appellant is having an illicit relationship
with one Mallikarjun. It is further submitted that even in
his examination-in-chief, the respondent has reiterated
the same allegations. It is also submitted that in the facts
and circumstances of the case, the appellant had made
out a case for dissolution of marriage on the ground of
mental cruelty. On the other hand, learned counsel for
the respondent has supported the judgment and decree
passed by the family court.
7. We have considered the rival submissions
made on both sides and have perused the record. It is trite
law that unsubstantiated allegations with regard to extra
marital affair made by a party to a proceeding amounts to
mental cruelty justifying the ground of decree of divorce.
The Hon'be Supreme Court in 'VIJAY KUMAR
RAMCHANDRA BHATE VS. NEELA VIJAYAKUMAR
BHATE', (2003) 6 SCC 334 while dealing with mental
cruelty in para 7 has held that leveling accusations of
unchastity and extra marital relationship constitute grave
assault on the character, honor, reputation, status as well
as health of the wife. Similarly, in NARENDRA VS.
K.MEENA (2016) 9 SCC 455, it has been held that
unsubstantiated extra marital affair allegations leveled by
one spouse against another constitutes mental cruelty and
justifies the grant of decree of divorce.
8. In the backdrop of aforesaid well settled legal
position, we may advert to the evidence on record. In para
20 of the statement of objections, the respondent has
stated that the appellant had an illicit relationship with
one Mallikarjun and used to visit the house of Mallikarjun
in the absence of his wife. Similarly, in para 20 of the
examination-in-chief of the respondent, he has reiterated
that the appellant has an illicit relationship with
Mallikarjun. However, no evidence has been adduced to
prove the aforesaid allegation. The averments made are of
such magnitude and consequence which cause mental
agony to wife and constitutes mental cruelty.
9. However, the aforesaid aspect of the matter
has not been appreciated by the family court. The
impugned judgment and decree passed by the family court
is therefore, set aside. The marriage performed between
the parties on 17.02.2008 is dissolved by a decree of
divorce.
In the result, the appeal is allowed.
Sd/-
JUDGE
Sd/-
JUDGE
SS
