Disposed

Smt. Anuradha M N v. Shri. Jagadish Habbu

Karnataka HC3 Mar 2021MFA/5708/2018

Case brief

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What is this about?

On consent, the High Court of Karnataka disposed of an appeal and a cross-objection filed against a Family Court judgment granting judicial separation as alternative relief under Section 13A of the Hindu Marriage Act, reserving liberty to file for divorce under Section 13(1A)(i) and to revive cases accordingly.

What did the court decide?

Disposal of appeal and cross-objection reserving liberty to the appellant to file a petition under Section 13(1A)(i) of the Hindu Marriage Act and liberty to the respondent to revive the cross-objecti

Smt. Anuradha M N Vs Shri. Jagadish Habbu — Matrimonial and Divorce | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 03^RD DAY OF MARCH, 2021

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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 M.F.A.No. 5708/2018 C/w M.F.A.Crob.No.170/2018(FC)

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In M.F.A.No.5708/2018

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BETWEEN:

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Smt. Anuradha.M.N. Wife of Jagadish Habbu, Aged about 45 years, Residing at No.214, 1^st Floor, Sharada Colony, I-H Cross, 2^nd Main Basaveshwaranagar, Bangalore – 560 079.

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Presently Residing at: No.201, A Block, 6^th Main, Gopalan Brindavan Apartment Amar Jyothi Nagar, Bangalore – 560 079.

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… Appellant

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(By Sri. Vivek.S, Advocate)

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AND:

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Shri. Jagadish Habbu, Son of Late Sri. Lakshminarayana Habbu, Aged about 56 years, Residing at No.75, Ganesh Nagar Layout, Kodigehalli Main Road, Tindlu Post, Bengaluru – 560 097. Office Address: Shri JadishHabbu, Sr.Manager-Personnel, TAFE, Raheja Chambers, Museum Road, Bangalore – 560 001. Factory Address: Shri. Jagadish Habbu, Sr.Manager-Personnel, TAFE, Plot #1, KIDBA, Industrial Area, Doddaballapur, Bangalore. … Respondent (By Sri. Santhosh, Advocate )

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M.F.A.No.5708/2018 is filed under Section 19(1) of the Family Courts Act and section 28 of the Hindu Marriage Act, against the Judgment and decree dated:12.04.2018, passed in MC.No.1907/2013, on the file of the Principal Judge, Family Court, Bengaluru,

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dismissing the petition filed under Section 13(1)(ia) of the Hindu Marriage Act.

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In M.F.A.Crob.170/2018

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BETWEEN:

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Shri. Jagadish Habbu, Son of Late Sri. LakshminarayanaHabbu, Aged about 56 years, Residing at No.75, Ganesh Nagar Layout, Kodigehalli Main Road, Tindlu Post, Bengaluru – 560 097.

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… Cross Objector

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(By Sri. Santhosh, Advocate) AND:

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Smt. Anuradha.M.N. Wife of Jagadish Habbu, Aged about 45 years, Residing at No.214, 1^st Floor, Sharada Colony, I-H Cross, 2^nd Main Basaveshwaranagar, Bangalore – 560 079.

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Presently Residing at: No.201, A Block, 6^th Main, Gopalan Brindavan Apartment Amar Jyothi Nagar, Bangalore – 560 079.

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… Respondent

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(By Sri. Vivek.S, Advocate )

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M.F.A.Crob.170/2018 is filed under Order XLI Rule 22 of the CPC, against the Judgment and Decree dated 12.04.2018 passed in MC No.1907/2013 on the file of the Principal Judge, Family Court, Bengaluru, dismissing the petition filed under Section 13(1)(ia) of the Hindu Marriage Act.

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This appeal along with M.F.A.Crob. coming on for Orders this day, NAGARATHNA, J., delivered the following:

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JUDGMENT

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Though this appeal and cross objection are listed for orders, with the consent of learned counsel on both side, they have been heard finally.

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MFA.No.5728/2018 has been filed by the

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appellant/wife, being aggrieved by the order of judicial separation being granted as an alternative relief under Section 13A of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for the sake of brevity). The petition filed by the appellant/wife in MC.No.1907/2013 under Section 13 (1) (ia) of the Act seeking dissolution

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of marriage by a decree of divorce. The impugned judgment, has been passed by the Principal Judge, Family Court, Bengaluru on 12.04.2018.

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MFA.Crob.No.170/2018 has been filed by the cross-objector/husband, being aggrieved by the decree of judicial separation granted under Section 13A of the Act as an alternative relief in MC.No.1907/2013. In other words, the cross-objector is filed against the decree of judicial separation granted in MC.No.1907/2013 as he had contested the petition for divorce sought by the wife.

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We have heard learned counsel for the respective parties.

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Learned counsel for the appellant/wife submitted that the memo has been filed on behalf of the appellant seeking disposal of the appeal and crossobjection with liberty to file the petition under Section 13(1A)(i) of the Act seeking dissolution of marriage by decree of divorce on the ground that there has been no

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resumption of cohabitation as between the parties to the marriage for a period of one year and above, after passing of the decree of judicial separation in M.C.No.1907/2013.

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Learned counsel for the appellant further submitted that if such liberty is reserved to the appellant and the appellant is unsuccessful in a proceedings to be filed by her under Section 13(1A)(i) of the Act, further liberty may be reserved to the appellant to revive these appeals.

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Learned counsel for the cross-objector/ respondent in MFA.Crob.No.170/2018 submitted that the cross-objector has no objection as such for disposal of the appeal with the aforesaid liberty. However, he submitted that in the event the appellant/wife revives MFA.No.5708/2018, then liberty may be reserved to the cross-objector to revive MFA.Crob.No.170/2018.

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Learned counsel for the appellant/wife submitted that the appellant would not have any objection for such a liberty being reserved to the respondent/cross-objector.

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Submissions of the respective parties are placed on record.

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In the circumstances, MFA.No.5708/2018 is disposed reserving liberty to the appellant/wife to file a petition under Section 13(1A)(i) of the Act before the concerned Family Court. In the event, the appellant is unsuccessful in that proceeding then liberty is reserved to the appellant to revive the said case.

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MFA.Crob.No.170/2018 is also disposed reserving liberty to the cross-objector to revive the said case, in the event, the appellant in MFA.No.5708/2018 revives the said appeal before this Court.

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The appeal and the cross objection are disposed of in the aforesaid terms.

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Parties to bear their respective costs.

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Sd/JUDGE

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Sd/JUDGE

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KTY

Smt. Anuradha M N v. Shri. Jagadish Habbu

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Smt. Anuradha M N v. Shri. Jagadish Habbu

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