Karnataka High Court
Narendra S/O. Parasmal Jain vs Smt. Dipali W/O. Narendra Jain on 9 January, 2024
Author: S G Pandit
Bench: S G Pandit
-1-
NC: 2024:KHC-D:437-DB
MFA No. 104391 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO. 104391 OF 2023 (MC-)
BETWEEN:
NARENDRA S/O. PARASMAL JAIN,
AGE: 50 YEARS, OCC: BUSINESS,
R/O. THEATRE ROAD, JAMKHANDI,
DIST: BAGALKOT-587301.
...APPELLANT
(BY SRI. GIRISH A. YADAWAD AND
SRI. RAHUL S. KUNTOJI, ADVOCATES)
AND:
SMT. DIPALI W/O. NARENDRA JAIN,
AGE: 39 YEARS, OCC: HOUSEHOLD WORK,
R/O. THEATRE ROAD, JAMKHANDI,
CHANDRASHEKAR DIST: BAGALKOT-587301.
LAXMAN
KATTIMANI ...RESPONDENT
Digitally signed by
CHANDRASHEKAR THIS MFA IS FILED U/S.28 OF THE HINDU MARRIAGE ACT,
LAXMAN
KATTIMANI 1955, PRAYING TO SET ASIDE THE ORDER DATED 18.04.2023
Date: 2024.01.12
15:12:20 +0530 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE, JAMKHANDI, IN
M.C NO. 28/2022 AND ALLOW THE SAID PETITION BY GRANTING A
DECREE OF DIVORCE THEREBY DISSOLVING THE MARRIAGE
BETWEEN APPELLANT AND RESPONDENT, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:
-2-
NC: 2024:KHC-D:437-DB
MFA No. 104391 of 2023
JUDGMENT
Appellant, petitioner in M.C. No.28/2022 is before
this Court aggrieved by order dated 18.04.2023,
dismissing the petition filed under Section 13(B) of the
Hindu Marriage Act, 1955.
2. Heard Shri. Girish A. Yadawad, learned counsel
for appellant and perused the appeal papers.
3. Learned counsel Shri. Girish A. Yadawad, would
submit that petitioner-husband and respondent-wife filed
M.C. No.28/2022 seeking mutual divorce under Section
13(B) of the Hindu Marriage Act, 1955. Learned counsel
would submit that after recording of evidence, the
respondent-wife filed memo making allegation against the
petitioner as well as her earlier advocate. Further, learned
counsel would submit that respondent also filed memo
withdrawing consent for Section 13(B) divorce. Learned
counsel taking through the impugned order would submit
that the Trial Court accepted the allegations made against
NC: 2024:KHC-D:437-DB
the petitioner and on noting the allegations, the Trial Court
dismissed the petition. Learned counsel would submit that
the Trial Court committed an error in dismissing the
petition accepting the allegation against appellant. It is
submitted that when the Trial Court had recorded the
evidence, it ought to have passed order taking note of the
material on record and it could not have dismissed the
petition only because respondent-wife withdrew her
consent for divorce.
4. Having heard the learned counsel for the
appellant and on perusal of the appeal papers, we are of
the view that the appellant has not made out any ground
to interfere with the impugned order. The petition is filed
under Section 13(B) of the Hindu Marriage Act, 1955 by
petitioner and respondent seeking consent divorce. During
the course of proceedings, respondent-wife withdrew her
consent for divorce and in the memo, respondent has also
made certain allegations against the appellant. The Trial
Court recorded the allegations contained in the memo and
NC: 2024:KHC-D:437-DB
also noted the withdrawal of consent by respondent and
dismissed the petition. There is no finding with regard to
allegation and allegation made in the memo is only
recorded in the order. It cannot be said that the Trial
Court has accepted the allegation made by
respondent/wife and dismissed the petition. Section 13(B)
petition is dismissed since respondent/wife withdrew her
consent. Under Section 13(B) Court could grant divorce
only on consent. We do not find any illegality in the order
passed by the Trial Court. However, it is open for the
appellant to initiate appropriate proceedings against
respondent/wife for divorce.
5. Accordingly, appeal stands dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RKM
