The High Court of Karnataka disposed of a criminal appeal filed by a husband against a judgment dismissing his divorce petition, granting him liberty to seek dissolution under Section 13(1A)(ii) of the Hindu Marriage Act.
Liberty granted to file petition under Section 13(1A)(ii); liberty reserved to revive appeal if unsuccessful.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 1ST DAY OF DECEMBER, 2020
PRESENT
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON’BLE MR. JUSTICE N.S.SANJAY GOWDA
M.F.A.No.6121/2014 (FC)
BETWEEN:
SRI M.YASHAVANTH, AGED ABOUT 34 YEARS, S/O.SRI.P.MALLESHAPPA, R/O.”MAHALASA”, I-FLOOR, ‘A’ BLOCK, 1-CROSS, GANDHINAGAR, SHIMOGA – 577 201. ... APPELLANT
(BY SRI SUKUMARAN G., ADVOCATE)
AND:
SMT.D.A.DIVYA @ DIVYASRI, AGED ABOUT 27 YEARS, D/O.SRI.ANAND, W/O.SRI.M.YASHWANTH, R/O.ARAVINDA NAGAR, 2ND CROSS, BASVANAHALLI MAIN ROAD, CHIKMAGALUR DISTRICT-577 101. ... RESPONDENT
(BY SRI.GIRISH B. BALADARE, ADVOCATE )
THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT, AGAINST THE JUDGMETN AND DECREE DATED 30/06/2014 PASSED IN M.C.NEW NO.134/2013 (OLD.NO.M.C.24/2012) ON THE FILE OF PRINCIPAL JUDGE,
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FAMILY COURT, CHIKMAGALUR, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(B) OF THE HINDU MARRIAGE ACT 1955 FOR DISSOLUTION OF MARRIAGE.
THIS APPEAL COMING ON FOR HEARING THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
J U D G M E N T
This appeal is filed by the appellant, who is the husband, assailing the judgment and decree passed by the Principal Judge, Family Court at Chikmagalur, dated 30/06/2014 in M.C.New.No.134/2013 (Old M.C.No.24/2012). The said matrimonial case was filed by the appellant – husband under Section 13(1)(ib) of the Hindu Marriage Act, 1955 [hereinafter, referred to as “the Act”, for the sake of brevity], seeking dissolution of marriage by a decree of divorce.
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Ordered accordingly.
Sd/JUDGE
Sd/JUDGE
*mvs
2 issues framed by the court
Whether the appellant husband is entitled to liberty to file a petition under Section 13(1A)(ii) of the Hindu Marriage Act, 1955 for dissolution of marriage.
Whether the appeal against the dismissal of the divorce petition should be disposed of in light of prior restitution proceedings.
Colour shows how this judgement treated each authority
M.C.No.155/2011Distinguished¶25
4 provisions across 2 enactments
Sri M.Yashavanth
Smt.D.A.Divya
B.V.Nagarathna
N.S.Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court