Karnataka High Court
Smt Shubha vs Sri H Satish on 10 March, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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MFA No.5732 of 2015
C/W RPFC No.125 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
M.F.A. NO.5732 OF 2015 (FC)
C/W
R.P.F.C. NO.125 OF 2015
IN M.F.A. NO.5732 OF 2015
BETWEEN:
Digitally signed
by RUPA V
Location: High 1. SMT. SHUBHA
Court of AGED ABOUT 45 YEARS
Karnataka
HOUSEWIFE
R/O NIJALINGAPPA LAYOUT
DAVANAGERE-577001.
...APPELLANT
(BY SRI. KEMPANNA, ADV.,)
AND:
1. SRI. H. SATISH
S/O H.N. ONKARAPPA
AGED ABOUT 54 YEARS
OCC:BUSINESS
R/AT # 820, OPP: S.E. OFFICE
R.M.R. ROAD, PARK EXTENSION
SHIVAMOGGA.
...RESPONDENT
(BY SRI. ABHINAY Y.T. ADV.,)
THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURT
ACT, AGAINST THE JUDGMENT AND DECREE
DATED:19.06.2015 PASSED IN CRI.MISC. NO.326/2013 ON THE
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MFA No.5732 of 2015
C/W RPFC No.125 of 2015
FILE OF THE JUDGE, FAMILY COURT, AT DAVANGERE,
DISMISSING THE PETITION FILED U/S 125 OF CR.P.C.
IN R.P.F.C. NO.125 OF 2015
BETWEEN:
1. SMT. SHUBHA
AGED ABOUT 45 YEARS
HOUSE WIFE
R/O NIJALINGAPPA LAYOUT
DAVANGERE.
...PETITIONER
(BY SRI. KEMPANNA, ADV.,)
AND:
1. SRI. H. SATISH
S/O H.N. ONKARAPPA
AGED ABOUT 54 YEARS
OCC: BUSINESS
R/AT NO.820, OPP: S.E. OFFICE
RMR ROAD, PARK EXTENSION
SHIVAMOGA.
...RESPONDENT
(BY SRI. ABHINAY Y.T. ADV.,)
THIS RPFC IS FILED UNDER SEC.19(4) OF FAMILY COURT
ACT, AGAINST THE JUDGMENT AND ORDER DATED
19.06.2015 PASSED IN CRI.MISC.NO.326/2013 ON THE FILE
OF THE JUDGE, FAMILY COURT, DAVANAGERE, DISMISSING
THE PETITION FILED UNDER SEC.125 OF Cr.P.C.
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MFA No.5732 of 2015
C/W RPFC No.125 of 2015
THIS APPEAL AND THIS RPFC COMING ON FOR FINAL
HEARING, THIS DAY ALOK ARADHE J., DELIVERED THE
FOLLOWING:
COMMON JUDGMENT
This appeal and revision petition have been filed by
the wife which arise out of common judgment dated
19.06.2015 passed in M.C.No.80/2014 and
Crl.Misc.No.326/2013. By the aforesaid common
judgment, the Family Court has allowed the petition
filed by the husband under Section 9 of the Hindu
Marriage Act, 1955 (hereinafter referred to as 'the Act')
and has dismissed the petition filed by the wife under
Section 125 of the Cr.P.C. The appeal and revision
petition were therefore heard together and are being
decided by this common judgment.
2. Facts
giving rise to filing of this appeal and
revision petition, briefly stated are that the marriage
between the parties was performed on 21.05.1987 in
MFA No.5732 of 2015
C/W RPFC No.125 of 2015
Basaveshwara Kalyana Mantapa, Hassan. Out of the
wedlock, a son and a daughter namely Sharath and
Niharika were born to them. It is not in dispute that the
son namely Sharath has completed his graduation in
Engineering and is assisting the husband in her
business. Similarly, daughter namely Niharika has also
completed her graduation in Engineering and is under
the care and custody of the husband. The husband
filed a petition under Section 9 of the Act on 02.04.2014
seeking restitution of conjugal rights. It was inter alia
pleaded in the petition that the husband on 30.09.2012
at about 3 a.m., picked up a quarrel with the wife on the
ground of alleged illicit relationship. The wife, however,
refuted the allegations made by the husband. However,
the wife left the matrimonial home and started residing
with her sister. However, despite efforts being made by
the husband, the wife did not join the matrimonial
home. The husband thereupon filed a petition seeking
restitution of conjugal rights.
MFA No.5732 of 2015
C/W RPFC No.125 of 2015
3. The wife, on being served with the notice of the
proceedings, filed statement of objections in which the
relationship between the parties as well as the factum of
birth of children was admitted. However, remaining
averments made in the petition were denied. It was
averred that the husband, after the death of his mother,
used to suspect the chastity of the wife and prevented
her from giving public performances as veena player. It
was also pleaded that the husband pressurized the wife
to accept that she was having illicit relationship with
other persons. However, when the wife refused to
accept the same, she was ill-treated and harassed by
the husband. Thereupon, she left the matrimonial
home. It was also pleaded that since the wife had filed a
petition seeking maintenance, therefore, as a counter
blast, this petition under Section 9 of the Act was filed.
The husband examined himself as PW-1 and exhibited
MFA No.5732 of 2015
C/W RPFC No.125 of 2015
documents namely Ex.P1 to Ex.P3. The wife examined
herself and did not produce any document.
4. The Family Court, vide judgment dated
19.06.2015 inter alia held that the wife has abandoned
the matrimonial home on her own will and wish without
there being any justifiable ground. Accordingly, the
petition filed by the husband under Section 9 of the Act
was allowed. The Family Court, vide common judgment
passed in Crl.Misc.No.326/2013 inter alia held that the
wife has failed to prove that the husband has willfully
refused and has neglected to maintain the wife. It has
further held that the wife has left the matrimonial home
on her won will and wish and therefore, she is not
entitled to claim maintenance. Accordingly, the Family
Court vide judgment dated 19.06.2015, allowed
M.C.No.80/2014 filed by the husband whereas
dismissed Crl.Misc.No.326/2013 filed by the wife. In
MFA No.5732 of 2015
C/W RPFC No.125 of 2015
the aforesaid factual background, this appeal and
revision petition have been filed.
5. Learned counsel for the wife submitted that the
husband is not taking care of the children and the wife.
It is further submitted that the Family Court has not
considered the facts. Learned counsel for the wife has
read paragraph 17 as well as paragraphs 24 and 25 of
the judgment. It is also pointed out that the wife is
looking after the children. On the other hand, learned
counsel for the husband has supported the judgment
and decree passed by the Family Court.
6. We have considered the submissions made on
both sides and have perused the record. From perusal
of the statement of husband as well as wife, it is evident
that the marriage between the parties was performed on
21.05.1987. Thereafter, they have stayed together for a
period of 25 years. All of a sudden, on 30.09.2012, the
MFA No.5732 of 2015
C/W RPFC No.125 of 2015
wife left the matrimonial home. Thereafter, no effort has
been made by her to join the matrimonial home. The
husband is interested in continuing the marital life with
the wife and therefore, filed a petition under Section 9 of
the Act. The Family Court, in the state of evidence on
record, has rightly allowed the petition filed by the
husband. Sofar as the claim of the wife with regard to
payment of maintenance at Rs.35,000/- p.m. is
concerned, from the evidence adduced by the parties, it
is evident that the wife has failed to prove that the
husband has either willfully refused or neglected to
maintain her. The wife herself has abandoned the
matrimonial home on 30.09.2012 and since then, for
more than 10 years, she is residing separately.
Therefore, the ingredients as mentioned under Section
125 of Cr.P.C. not having been satisfied, the Family
MFA No.5732 of 2015
C/W RPFC No.125 of 2015
Court has rightly rejected the claim preferred by the
wife.
For the aforementioned reasons, we do not find
any merit in the appeal as well as petition.
Accordingly, the same fail and are hereby
dismissed.
Consequently, the pending interlocutory
applications, if any, are also dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
