Sri N Shivaswamy vs Smt. Geetha
2023 Latest Caselaw 4431 Kant

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                                              NC: 2023:KHC:24663-DB
                                                   MFA No. 3600 of 2018




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 14TH 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. 3600 OF 2018 (MC)
              BETWEEN:

              SRI N SHIVASWAMY,
              S/O LATE SRI NAGAPPA,
              AGED ABOUT 34 YEARS,
              R/O BACHAHALLI VILLAGE,
              HANAGALA HOBLI, GUNDLUPET TALUK,
              CHAMARAJANAGAR DISTRICT.
                                                           ...APPELLANT
              (BY SRI BASAVANNA K.M, ADVOCATE FOR
              SRI. M V HIREMATH, ADVOCATE)
              AND:

              SMT. GEETHA,
              W/O SRI N SHIVASWAMY,
Digitally     D/O SRI MARINANJUNDASWAMY (DORE),
signed by
PRAMILA G V   AGED ABOUT 30 YEARS,
Location:     R/O NERALE VILLAGE,
HIGH COURT    BEECHANAHALLI POST,
OF            SARAGURU HOBLI, H D KOTE TALUK,
KARNATAKA
              MYSURU DISTRICT.
                                                         ...RESPONDENT
              (BY SRI SRINIVASA D.C, ADVOCATE)
                   THIS MFA IS FILED U/S 28(1) OF THE HINDU MARRIAGE
              ACT, 1955, AGAINST THE JUDGMENT AND DECREE DATED
              20/02/2018 PASSED IN M.C.NO.06/2017 (34/2013), ON THE
              FILE OF THE SENIOR CIVIL JUDGE & JMFC., GUNDLUPET,
              DISMISSING THE PETITION.
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                                              NC: 2023:KHC:24663-DB
                                                   MFA No. 3600 of 2018




    THIS APPEAL COMING ON FOR HEARING THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
                                JUDGMENT

Sri.Basavanna K.M., learned counsel for the appellant on

behalf of Sri.M.V.Hiremath. Sri.Srinivasa D.C., learned counsel

for the respondent.

2. This appeal filed by husband under Section 28(1) of

the Hindu Marriage Act, 1955 (hereinafter referred to as the

'Act of 1955') against the judgment and decree dated

20.02.2018, passed by Senior Civil Judge & JMFC, Gundlupet in

M.C.No.06/2017 (34/2013) seeking dissolution of marriage on

the ground of cruelty has been dismissed.

3. For the sake of convenience, the parties to

proceedings are referred to as the husband and the wife.

4. Admitted facts in the case are that the marriage

between the parties was performed on 04.03.2012. On

05.11.2012, the wife filed a complaint against the husband in

Cr.No.120/2012 for the offence punishable under Sections

498(A), 307 read with Section 34 of Indian Penal Code and

Sections 3 and 4 of the Dowry Prohibition Act. The husband

NC: 2023:KHC:24663-DB MFA No. 3600 of 2018

thereupon filed a petition under Section 13 of the Act seeking

dissolution of marriage on 01.07.2013.

5. The petition seeking dissolution of marriage was

filed on the ground that the wife has treated the husband with

cruelty. It was further pleaded that on the basis of the

complaint made by the wife, FIR was registered against the

husband. The wife contested the claim of the husband.

6. The Family Court vide judgment and decree dated

20.12.2018 interalia held that mere filing of a complaint by one

spouse against another spouse does not amount to cruelty.

Accordingly, the petition filed by the husband was dismissed.

7. It is not in dispute that subsequently the

appellant/husband, vide judgment and decree dated

25.06.2018 passed in S.C.No.77/2018 has been acquitted by

the Trial Court.

8. We have considered the submissions made by the

learned counsel for the parties.

9. The issue involved in this appeal is no longer

res integra and the same has been answered by the judgment

NC: 2023:KHC:24663-DB MFA No. 3600 of 2018

of the Honb'le Apex Court in the case of

Vijay Kumar Ramachandra Bhate vs Neela Vijay Kumar

Bhate reported in (2003) 6 SCC 334.

10. At paragraph 14 of the aformentioned judgment, it

is held as under:

"The above observation of the High Court cannot be approved. It is true that it is open for anyone to file Complaint or lodge prosecution for redressal for his or her grievances and lodge a First information Report for an offence also and mere lodging of Complaint or FIR cannot ipso facto be treated as Cruelty. But when a person undergoes a trial in which he is acquitted of the allegation of offence Under Section 498-A of Indian Penal Code, levelled by the Wife against the Husband, it cannot be accepted that no cruelty has meted on the Husband. As per pleadings before us, after parties having been married on 14.08.2005, they lived together only 18 months and thereafter they are separately living for more than a decade now."

11. In view of the aforesaid judgment and decree, we

may advert to the case on hand.

NC: 2023:KHC:24663-DB MFA No. 3600 of 2018

12. In the instant case, admittedly, a complaint was

lodged by the wife against the husband, after a full fledged trial

the husband has been acquitted of charged levelled against

him. Therefore, the action of the wife in filing a false and

frivolous complaint against the husband amounts to cruelty.

Since the aforesaid fact is a subsequent fact. This Court being

the Court of appeal can take note of subsequent events and

grant relief.

ORDER

(i) The impugned judgment and decree dated 20.02.2018 passed in M.C.No.6/2017 on the file of the Senior Civil Judge & JMFC, Gundlupet is set aside. The marriage solemnised on 04.03.2012 between the appellant and the respondent is dissolved.

(ii) Accordingly, the appeal is allowed.

Sd/-

JUDGE

Sd/-

JUDGE

GVP