Sri. Kumaraswamy K G vs Smt. T Bhagya
2023 Latest Caselaw 1859 Kant

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                                      MFA No.2275 of 2018




IN THE HIGH COURT OF KARNATAKA AT BENGALURU
       DATED THIS THE 14TH DAY OF MARCH 2023
                        PRESENT
        THE HON'BLE MR JUSTICE ALOK ARADHE
                           AND
  THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
 MISCELLANEOUS FIRST APPEAL NO.2275 OF 2018 (FC)

BETWEEN:

SRI KUMARASWAMY K.G.
S/O SRI GANGA HANUMANTHAIAH,
AGED ABOUT 39 YEARS,
R/AT D NO.84, "LAKSHMI NIVASA",
2ND CROSS, 1ST MAIN,
JAYANAGARA, MYSURU-570023.
                                             ...APPELLANT
(BY SMT. GEETHA DEVI M.P., ADV.)

AND:

SMT. T. BHAGYA
D/O SRI MAHIMAIAH,
W/O KUMARASWAMY K.G.
AGED ABOUT 35 YEARS,
R/AT AT KEMBALALU VILLAGE,
HEBBUR HOBLI, TUMAKUR-572101.

NOW R/AT MARUTHI NILAYA,
BEHIND RAGHAVENDRA MUTT,
RAMPA MAHAKAVI ROAD,
SHETTIHALL GATE,
S.S.PURAM, TUMAKUR-572101.
                                           ...RESPONDENT
(BY SRI V.SHIVAKUMAR, ADV.)

       THIS M.F.A IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
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                                        MFA No.2275 of 2018




29.01.2018 IN MC NO.274/2016 ON THE FILE OF THE COURT
OF PRL. JUDGE, FAMILY COURT, TUMAKURU, ALLOWING THE
PETITION FILED U/S.09 OF HINDU MARRIAGE ACT FOR
DISSOLUTION OF MARRIAGE.


     THIS APPEAL HAVING BEEN HEARD AND RESERVED ON
10.03.2023,    COMING   ON     FOR   PRONOUNCEMENT      OF
JUDGMENT, THIS DAY, VIJAYKUMAR A. PATIL J., DELIVERED
THE FOLLOWING:


                        JUDGMENT

This appeal is filed under Section 19(1) of the Family

Courts Act, 1984, against the judgment and decree dated

29.01.2018 passed in M.C.No.274/2016 by the Principal

Family Judge, Family Court, Tumkur, by which the petition

filed by the respondent/wife under Section 9 of Hindu

Marriage Act, 1955 seeking restitution of conjugal right

was allowed.

2. MFA 75/2016 filed by the husband against the

impugned judgment and decree dated 16.10.2015 passed

in M.C.No.474/2011 seeking dissolution of marriage on the

ground of cruelty was heard along with the present

appeal, since facts and parties to both the appeals are

common.

MFA No.2275 of 2018

3. For the reasons recorded in MFA No.75/2016 the

present appeal is allowed and impugned judgment and

decree dated 29.01.2018 passed in M.C.No.274/2016 is

set aside.

In the result, the appeal is allowed.

Sd/-

JUDGE

Sd/-

JUDGE

NG CT: DMN