Dr Neetha S vs Dr Mahesh P S
2023 Latest Caselaw 1950 Kant

                          -1-
                                     MFA No.7607 of 2016




IN THE HIGH COURT OF KARNATAKA AT BENGALURU
       DATED THIS THE 21ST 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.7607 OF 2016 (FC)

BETWEEN:

DR. NEETHA S
W/O DR. P. S. MAHESH,
AGED ABOUT 41 YEARS,
R/AT NO.2087, 9TH CROSS, 3RD MAIN, R.P.C.LAYOUT,
VIJAYANAGAR, BANGALORE-560040.

ALSO AT: NO.37,
NAVARATHNA MANOR, SUBBARAMA CHETTY ROAD,
BASAVANAGUDI, BENGALURU-560004.
                                            ...APPELLANT
(BY SMT.BHUSHANI KUMAR, ADV. FOR
    SRI C.V.KUMAR, ADV.)

AND:

DR. MAHESH P S
S/O SUBASH CHANDRA BOSE,
AGED ABOUT 45 YEARS,
WORKING AT: DIRECTOR TYPE-5, NO.1, CPDO
RESIDENTIAL QUARTERS, (CENTRAL POULTRY
DEVELOPMENT ORGANISATION)
HESARAGHATTA, BANGALORE-560088.
                                          ...RESPONDENT
(BY SRI K.RAGHAVENDRA, ADV.)

       THIS M.F.A IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE
                                    -2-
                                                MFA No.7607 of 2016




DATED 03.10.2016 PASSED IN MC NO.3223/2013 ON THE FILE
OF   THE        PRL.    JUDGE,    FAMILY     COURT,        BENGALURU,
DISMISSING        THE   PETITION    FILED    U/SEC.    9    OF   HINDU
MARRIAGE ACT, FOR RESTITUTION OF CONJUGAL RIGHTS.


     THIS APPEAL HAVING BEEN HEARD AND RESERVED ON
16.03.2023,       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

03.10.2016 passed in M.C.No.3223/2013 by the Principal

Judge, Family Court, Bangalore , by which the petition

filed by the respondent/wife under Section 9 of Hindu

Marriage Act, 1955 seeking restitution of conjugal right

was dismissed.

2. MFA 7606/2016 filed by the appellant/wife against

the impugned judgment and decree dated 03.10.2016

passed in M.C.No.1019/2010 seeking dissolution of

marriage on the ground of cruelty and desertion was heard

MFA No.7607 of 2016

along with the present appeal, since the facts and parties

to both the appeals are common.

3. For the reasons recorded in MFA No.7606/2016 the

present appeal is allowed and impugned judgment and

decree dated 03.10.2016 passed in M.C.No.3223/2013 is

set aside.

In the result, the appeal is allowed.

Sd/-

JUDGE

Sd/-

JUDGE

NG CT: DMN