Disposed

Sri T Srinivas v. Smt B N Latha Devi

Karnataka HC2 Dec 2020MFA/314/2012

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of two mutually connected first appeals filed by the husband. The court reserved liberty to the husband to file for divorce if reconciliation under Section 13(1A)(ii) of the Hindu Marriage Act fails, otherwise the appeals may be revived.

What did the court decide?

Liberty granted to appellant to file for divorce under Section 13(1A)(ii) of Hindu Marriage Act if reconciliation fails; otherwise, appeals may be revived.

Sri T Srinivas Vs Smt B N Latha Devi — Matrimonial and Divorce | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02^ND DAY OF DECEMBER, 2020

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PRESENT

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THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA

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AND

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THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

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M.F.A.No.7843/2014 C/W M.F.A.No.314/2012

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In M.F.A.No.7843/2014

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BETWEEN:

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Sri. T.Srinivas, Son of Thimme Gowda, Aged 48 years, Residing at No.21, Sri Shangadhanva Nilaya, No.21, 5^th Cross, Ishwarya Layout, Doddakallasandra, Bengaluru – 560 062. … Appellant (By Sri. Prakash M.H., Advocate)

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AND:

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Smt. B.N. Latha Devi, Wife of T Srinivas, Age Major, C/o Govindaraju, No.4598, 1^st Main, IV Cross, Amaravathinagar,

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Bangarpet, Kolar District. … Respondent

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(By Sri. C.Ravi Kumar, Advocate)

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This appeal is filed under Section 19(1) of Family Court Act against the Judgment and Decree dated:16.10.2014 passed in M.C.No.1258/2009 on the file of the 5^th Additional Principal Judge, Family Court Bengaluru, Dismissing the petition filed under Section 13(1)(ia) & (ib) of Hindu Marriage Act.

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In M.F.A.No.314/2012

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BETWEEN:

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Sri. T.Srinivas, Son of T.S.Thimme Gowda, Aged 46 years, Residing at No.21, 5^th Cross, Aishwarya Extension, Kuvempunagar, Bengaluru – 560 062. … Appellant (By Sri. Prakash M.H., Advocate) AND:

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Smt. B.N. Latha Devi, Wife of T Srinivas, Aged 42 years Residing at No.4598, Shree Govindashankaranilaya, 1^st Main, 4^th Cross,

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Amaravathinagar, Bangarpet town, Kolar District. … Respondent

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(By Sri. C.Ravi Kumar, Advocate)

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This appeal is filed under Section 19(1) of Family Courts Act, against the judgment and decree dated 9.11.2011 passed in M.C.No.2693/2008 on the file of I Additional Principal Judge, Family Court, Bengaluru. Allowing the petition filed under Section 9 of Hindu Marriage Act for restitution of Conjugal Rights.

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These appeals coming on for Hearing this day, NAGARATHNA, J., delivered the following:

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JUDGMENT

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These appeals are filed by the appellant/husband assailing the judgment and decree passed in M.C.No.1258/2009 dated 16.10.2014 by the V Additional Principal Judge, Family Court, Bengaluru in respect of which MFA.No.7843/2014 has been filed. MFA.No.314/2012 is an appeal filed by the appellant/husband against the judgment and decree

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passed in M.C.No.2693/2008 dated 09.11.2011 by the I Additional Principal Judge, Family Court, Bengaluru. Since these appeals arise between the same parties, they have been connected together.

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We have heard learned counsel for the appellant/husband and learned counsel for the

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respondent/wife and perused the material on record.

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Since, a petition seeking restitution of conjugal rights filed by respondent/wife in M.C.No.2693/2008 has been allowed by the I Additional Principal Judge, Family Court, Bengaluru on 09.11.2011, liberty is reserved to the appellant/husband to file a petition under Section 13(1A)(ii) of the Act seeking dissolution of marriage on account there being no restitution of conjugal rights between the parties. In the event the appellant/husband is unsuccessful in that proceeding, then liberty is reserved to the appellant to revive these appeals.

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4. The appeals are disposed in the aforesaid

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terms.

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Consequently, I.A.No.1/2012 filed in MFA.No.314/2012 stands disposed subject to the

aforesaid liberty.

Sd/JUDGE

Sd/JUDGE

KTY

Sri T Srinivas v. Smt B N Latha Devi

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Sri T Srinivas v. Smt B N Latha Devi

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