Disposed

Mr Ravi K Sapare v. Mrs Uma

Karnataka HC15 Dec 2020MFA/6086/2016

Case brief

AI extract

What is this about?

In these appeals against family court judgments involving restitution of conjugal rights and dismissal of a divorce petition, the High Court disposed of the appeals due to persistent office objections. The court reserved liberty for the appellant to file a future petition for divorce under Section 13(1A).

What did the court decide?

Appeals disposed with liberty to file a petition under Section 13(1A) of the Hindu Marriage Act for divorce based on non-restitution.

Mr Ravi K Sapare Vs Mrs Uma — Matrimonial and Divorce | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 15^TH 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 NATARAJ RANGASWAMY

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M.F.A. No.6086/2016 c/w M.F.A. No.6088/2016 (FC)

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IN M.F.A. No.6086/2016

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BETWEEN:

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MR. RAVI K. SAPARE S/O. LATE KRISHNA SAPARE, 43 YEARS, RESIDING AT NO.32, KRISHNAJI 1^ST CROSS, RVCE POST, RAMAJYOTHI NAGAR, KENGERI, BENGALURU – 560 059. ... APPELLANT (BY SMT. SUNITHA H. SINGH, ADVOCATE)

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AND:

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MRS. UMA W/O. RAVI K. SAPARE, AGED ABOUT 38 YEARS, RESIDING AT NO.1814 2^ND MAIN ROAD, NEW TIPPASANDRA ROAD, HAL III STAGE, BENGALURU – 560 075. ... RESPONDENT

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THIS MFA IS FILED UNDER ORDER 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 30.06.2016 PASSED IN M.C.NO.2406/2011 ON THE FILE OF THE

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VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT BANGALORE, ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT.

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IN M.F.A. No.6088/2016

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BETWEEN:

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MR. RAVI K. SAPARE S/O. LATE KRISHNA SAPARE, 43 YEARS, RESIDING AT NO.32 KRISHNAJI 1^ST CROSS, RVCE POST, RAMAJYOTHI NAGAR, KENGERI, BENGALURU – 560 059. ... APPELLANT

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(BY SMT. SUNITHA H. SINGH, ADVOCATE)

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AND:

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MRS. UMA W/O. RAVI K. SAPARE, AGED ABOUT 38 YEARS, RESIDING AT NO.1814 2^ND MAIN ROAD, NEW THIPPASANDRA ROAD, HAL III STAGE, BENGALURU – 560 075. ... RESPONDENT *****

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THIS MFA IS FILED UNDER ORDER 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 30.06.2016 PASSED BY THE HON’BLE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT BANGALORE AND FURTHER PASS APPROPRIATE ORDER BY ALLOWING THE M.C.NO.2487/2010.

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THESE APPEALS COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:

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J U D G M E N T

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These appeals are listed for orders and for removal

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of office objections.

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We have heard learned counsel for appellant.

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Appellant is the husband, while respondent is the

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wife.

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Learned counsel for appellant submitted that M.C.No.2406/2011 was filed by the respondent-wife seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 [hereinafter, referred to as “the Act”, for the sake of brevity]. The said petition has been allowed. While M.C.No.2487/2010 filed by the appellant – husband under Section 13 (1), (ia) and (ib) of the Act, seeking dissolution of marriage by a decree of divorce was dismissed by a common judgment and decree dated 30/06/2016 passed by VI Addl. Prl. Judge, Family Court, Bengaluru. In the circumstances, husband has preferred these appeals.

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Though these appeals were filed on 30/08/2016, the office objections have not been removed till date. In

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the circumstances, we dispose of these appeals by reserving liberty to the appellant – husband to file a petition under Section 13(1A) and (ii) of the Act, seeking dissolution of marriage by a decree of divorce on the ground that there has been no restitution of conjugal rights of the parties for a period of one year. In the event the appellant – husband is unsuccessful in the said petition, liberty is reserved to the appellant to revive these appeals. Ordered accordingly.

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In view of the disposal of the appeals in the aforesaid terms, office objections are waived. Consequently, applications are disposed of, subject to the aforesaid liberty.

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Sd/JUDGE

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Sd/JUDGE

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*mvs

Mr Ravi K Sapare v. Mrs Uma

Case brief

What is this about?

What did the court decide?

Mr Ravi K Sapare v. Mrs Uma

Case brief

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Statutes considered

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