Disposed

Sri Mallikarjuna M M v. Smt Nagashree

Karnataka HC22 Jan 2021MFA/1423/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of an appeal against the dismissal of a petition for annulment of marriage. It reserved liberty for the appellant to seek divorce under Section 13(1A)(ii) irrespective of the decree passed in a restitution of conjugal rights suit and reserved liberty for the respondent to claim maintenance.

What did the court decide?

Liberty reserved to the appellant to file a petition for dissolution of marriage under Section 13(1A)(ii) and to the respondent to seek maintenance.

Sri Mallikarjuna M M Vs Smt Nagashree — Matrimonial and Divorce | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA, BENGALURU

¶3

DATED THIS THE 22^nd DAY OF JANUARY, 2021

¶4

PRESENT

¶5

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

¶6

AND

¶7

THE HON’BLE MRS. JUSTICE M.G. UMA

¶8

M.F.A.No.1423/2018 (MC)

¶9

BETWEEN:

¶10

SRI MALLIKARJUNA M.M. S/O. M.R. MURUGESHAPPA GOWDA, AGED ABOUT 34 YEARS, R/O. MASAROOR VILLAGE, HOSANAGARA TALUK - 577 418, SHIVAMOGGA DISTRICT.

¶11

... APPELLANT

¶12

(BY SRI PRUTHVI WODEYAR, ADVOCATE)

¶13

AND:

¶14

SMT. NAGASHREE, D/O. HALAPPA GOWDA, AGE MAJOR, R/O. GUBBIGA VILLAGE, HOSANAGARA TALUK-577 418, SHIVAMOGGA DISTRICT. .... RESPONDENT

¶15

(BY SRI MAHESH R. UPPIN, ADVOCATE)

¶16

THIS MFA IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT, 1955 AGAINST THE JUDGMENT AND DECREE DATED 16.01.2018 PASSED IN M.C.NO.69/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SAGAR, DISMISSING THE PETITION FILED UNDER SECTION 12(1) (1) (C) OF HINDU MARRIAGE ACT, 1955.

¶17

THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-

¶18

¶19

J U D G M E N T

¶20

Though this appeal is listed for admission, with the consent of learned counsel on both sides, it is heard finally.

¶21

Appellant is the husband, while the respondent is wife. The appellant/husband has assailed the judgment and decree passed in M.C.No.69/2013, dated 16/01/2018, by the Additional Senior Civil Judge & JMFC., Sagar, by which, the petition filed under Section 12(1)(c) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for the sake of brevity) has been dismissed.

¶22

We have heard learned counsel for the

¶23

respective parties in the presence of the parties.

¶24

Learned counsel for the appellant submitted

¶25

that the appellant is aggrieved by the misrepresentation of the respondent/wife vis-a-vis the date of her birth and therefore, the petition was filed under Section 12(1)(c) of the Act seeking annulment of marriage dated 03/05/2013, which was solemnized at Bapat Sabha Bhavan, Sagar, as per customs. He submitted that the parties have not

¶26

¶27

resided together since the year 2013. Therefore, relief may be granted to the appellant in this appeal.

¶28

By way of response, learned counsel for the respondent/wife brought to our notice the judgment and decree passed by the Additional Senior Civil Judge & JMFC, Sagar, dated 21/02/2019 in M.C.No.30/2015, which was a petition filed under Section 9 of the Act by the respondent/wife, seeking restitution of conjugal rights, which was allowed. He submitted that there has been no compliance of the direction issued to the appellant/husband to join the respondent/wife to lead a marital life. He also submitted that the appellant has not assailed the said judgment and decree.

¶29

Learned counsel for the appellant submitted

¶30

that liberty may be reserved to the appellant to seek dissolution of marriage by a decree of divorce under Section 13(1A)(ii) of the Act in view of the fact that the judgment and decree passed in M.C.No.30/2015 would be the basis for seeking such a relief as there has been no restitution of conjugal rights since the date of the said judgment on 21/02/2019.

¶31

Parties are also present before the Court.

¶32

¶33

In the circumstances, we dispose of this

¶34

appeal by reserving liberty to the appellant/husband to file a petition under Section 13(1A)(ii) of the Act to seek dissolution of his marriage with the respondent/wife, which was solemnized on 03/05/2013.

¶35

In view of the liberty reserved to the appellant

¶36

herein, we do not think it necessary to go into the merits of the matter in this appeal.

¶37

Liberty is also reserved to the respondent/wife herein to seek maintenance in accordance with law either in the petition to be filed by the appellant/husband under Section 13(1A)(ii) of the Act or independently.

¶38

Ordered accordingly.

¶39

In view of the disposal of the appeal in the aforesaid

¶40

terms, I.A.No.1/2020 stands disposed .

¶41

Sd/JUDGE

¶42

Sd/JUDGE

¶43

Sri Mallikarjuna M M v. Smt Nagashree

Case brief

What is this about?

What did the court decide?

Sri Mallikarjuna M M v. Smt Nagashree

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Bangalore Development Authority Vs Smt S Lakshmi

Hanumanthappa Vs State of Karnataka

Nadeem Ahmed Vs the Bengaluru Development Authority

Dr Ca a S Vishnu Bharath Vs State of Karnataka

Samarpana (Cultural and Social Service Organisation) Vs the Chief Secretary

Smt. Reena Vs Sri. Vijay K