Karnataka High Court
Smt. Vedavati @ Latha vs Dr.Puttaraju on 13 July, 2023
Bench: Alok Aradhe, Anant Ramanath Hegde
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NC: 2023:KHC:24356-DB
MFA No.4024 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO.4024 OF 2018 (FC)
BETWEEN:
1. SMT. VEDAVATI @ LATHA
Digitally AGED ABOUT 56 YEARS
signed by
RUPA V W/O DR. PUTTARAJU
Location: R/AT NO.93, GROUND FLOOR
High Court 4TH A MAIN, 5TH CROSS
of Karnataka FURTHER EXTENSION OF
MAHALAKSHMI LAYOUT
BANGALORE-560 086.
...APPELLANT
(BY SRI. M.T. NANIAH, SR. COUNSEL FOR
SRI. PRABHUGOUDA B. TUMBIGI, ADV.,)
AND:
1. DR. PUTTARAJU
AGED ABOUT 67 YEARS
S/O LATE CHIKKAMADEGOWDA
R/AT NO.93, FIRST FLOOR
4TH A MAIN, 5TH CROSS
FURTHER EXTENSION OF
MAHALAKSHMI LAYOUT
BANGALORE-560 086.
...RESPONDENT
(BY SMT. SANDHYA JAMADAGNI, ADV., FOR C/R (ABSENT))
THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURTS
ACT, AGAINST THE JUDGMENT AND DECREE
DATED:27/03/2018, PASSED IN M.C. NO.3072/2011, ON THE
FILE OF THE II ADDL. PRINCIPAL JUDGE, FAMILY COURT,
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MFA No.4024 of 2018
BENGALURU, DISMISSING THE PETITION FILED U/SEC.13(1)
(ia) & (ib) OF HINDU MARRIAGE ACT.
THIS APPEAL 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 27.03.2018 passed by the family court, by
which petition filed by the appellant / wife seeking
dissolution of marriage on the ground enumerated
under Section 13(1)(ia) & (ib) of the Hindu Marriage Act,
1955 (hereinafter referred to as 'the Act' for short) has
been dismissed.
2. Facts giving rise to filing of this appeal briefly
stated are that the marriage between the parties was
solemnized on 30.11.1983. Out of the wedlock, on
04.11.1985, a daughter was born to them.
3. On or about 09.06.2011, the appellant/wife
filed a petition seeking dissolution of marriage on the
ground of desertion and cruelty. The respondent /
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MFA No.4024 of 2018
husband filed his statement of objections as well as the
counter claim seeking restitution of conjugal rights.
The family court recorded the evidence of the parties
and thereafter, vide judgment dated 27.03.2018 inter
alia held that the appellant / wife failed to prove the
ground pleaded by her viz., cruelty and desertion
seeking dissolution of marriage. It was further held that
no case for restitution of conjugal rights was also made
out. Accordingly, the family court vide judgment dated
27.03.2018 dismissed the counter claim preferred by
the respondent / husband seeking restitution of
conjugal rights and granted a decree for judicial
separation under Section 10 of the Act. Being aggrieved
by the aforesaid judgment and decree, the appellant has
filed this appeal.
4. Learned Senior Counsel for the appellant
submitted that from perusal of the record, it is evident
that the parties are residing separately since, 2009 and
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MFA No.4024 of 2018
there are no chances of reconciliation. It is further
submitted that in the facts and circumstances of the
case, bearing mind the mandate contained under
Section 13(1)(ia) of the Act, the decree for dissolution of
marriage be passed as parities have not resided together
till today ever since, passing of the judgment and decree
dated 27.03.2018.
5. We have considered the submissions made by
Learned Senior Counsel for the appellant and have
perused the record. Ordinarily we would have granted
the liberty to the appellant to file a petition under
Section 13(1)(ia) of the Act, however, in the peculiar
facts of the case and on perusal of the material on
record, it is clear that the parties are not residing
together since, 2009Section 13(1)(ia) of the Act reads as
under:
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MFA No.4024 of 2018
13.Divorce-
(1) Any marriage solemnized, whether
before or after the commencement of this
Act, may, on a petition presented by either
the husband or the wife, be dissolved by a
decree of divorce on the ground that the
other party--
(ia) has, after the solemnization of the
marriage, treated the petitioner with
cruelty;
6. Thus, the court cannot grant a decree seeking
dissolution of marriage on the ground whether the
decree for judicial separation has not been given effect
to for a period more than a year. In the instant appeal,
no stay of the judgment and decree has been granted.
Even after passing of the judgment and decree, the
parties are residing separately. It is also pertinent to
note that the respondent / husband has also not
questioned the decree passed by the family court
seeking judicial separation. Therefore, the ground for
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MFA No.4024 of 2018
dissolution of marriage under Section 13(1)(ia) of the Act
is made out.
7. For the aforementioned reasons, the marriage
performed between the parties is dissolved by a decree
of divorce on the ground under Section 13(1)(ia) of the
Act. The judgment and decree passed by the family
court is accordingly modified.
In the result, the appeal is allowed.
Sd/-
JUDGE
Sd/-
JUDGE
SS
