Disposed

Mr.Manohar v. Mrs. Yogeshwari

Karnataka HC13 Jan 2021MFA/9233/2017

Case brief

AI extract

What is this about?

The High Court disposed of composite appeals challenging a Family Court decree granting restitution of conjugal rights and dismissing divorce. The appellate court reserved liberty to the husband to file a fresh petition for divorce under Section 13(1A).

What did the court decide?

Liberty reserved to appellant to file petition under Section 13(1A)(ii) of the Hindu Marriage Act; liberty reserved to revive appeals if unsuccessful.

Mr.Manohar Vs Mrs. Yogeshwari — 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 13^th DAY OF JANUARY, 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 Mrs. JUSTICE M.G.UMA

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M.F.A. No.8928 OF 2017 c/w.M.F.A No.9233 OF 2017

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BETWEEN:

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MR.MANOHAR SON OF VENKATESH K AGED ABOUT 45 YEARS RESIDING AT ULLAL BAIL MANGALORE 575 020 DAKSHINA KANNADA 575 020

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.. APPELLANT (COMMON)

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(BY SRI CYRIL PRASAD PAIS – ADVOCATE)

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AND:

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MRS.YOGESHWARI AGED ABOUT 39 YEARS WIFE OF MR.MANOHAR RESIDING AT : KAMALA NILAYA KANHANGAUD KEEKANA POOCHEKADU, KASARGOD DISTRICT KERALA 671 316

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... RESPONDENT (COMMON)

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(BY SRI K. RANJAN KUMAR – ADVOCATE FOR CAVEATOR/RESPONDENT)

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MFA No.8928/2017 IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT R/W.SECTION 28 OF THE HINDU MARRIAGE ACT, 1955 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 20.9.2017 PASSED BY THE FAMILY COURT JUDGE, DAKSHINA KANNADA, MANGALORE, IN M.C.No.310 OF 2015 AND CONSEQUENTLY ALLOW THE PETITION FILED BY THE APPELLANT HEREIN UNDER SECTION 13(1)(i)(a) and (i)(b) OF THE HINDU MARRIAGE ACT BY GRANTING A DECREE OF DIVORCE.

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MFA No.9233/2017 IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT R/W.SECTION 28 OF THE HINDU MARRIAGE ACT, 1955 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 20.9.2017 PASSED BY THE FAMILY COURT JUDGE, DAKSHINA KANNADA MANGALORE, IN M.C.No.77/2015 AND CONSEQUENTLY DISMISS THE PETITION FILED BY THE RESPONDENT HEREIN UNDER SECTION 9 OF THE HINDU MARRIAGE ACT.

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

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J U D G M E N T

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Though these appeals are listed for admission with

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the consent of learned counsel on both sides, they are heard finally.

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MFA 8928/2017 is filed by the appellant-husband assailing the judgment and decree dated 20^th September 2017 passed in M.C.No.310/2015 by the Family Court at Dakshina Kannada, Mangaluru, while, MFA No.9233/2017

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is also filed by the appellant/husband assailing the judgment and decree passed in M.C.No.77/2016 of even date by the very same Court. In fact, the judgment

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impugned in these appeals is a common judgment passed

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in both the cases.

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M.C.No.310/2015 was filed by the appellanthusband under Section 13(1)(i)(a) and (i)(b) of the Hindu Marriage Act 1955 (hereinafter referred to as ‘the Act’ for brevity) seeking dissolution of marriage, which was solemnized between the parties on 28^th May 2010 at Kulal Bhavana, Mangaladevi Temple road, Mangaluru, by a decree of divorce, while, M.C.No.77/2016 was filed by the respondent-wife under Section 9 of the Act seeking restitution of conjugal rights. Since the Family Court dismissed the petition filed by the husband seeking divorce and allowed the petition filed by the respondent-wife seeking restitution of conjugal rights, the husband has preferred these appeals.

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We have heard learned counsel for the appellanthusband and the learned counsel for the respondent-wife and perused the material on record.

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It is noted that the judgment and decree in M.C.No.77/2016 filed under Section 9 of the Act by the respondent herein is not stayed by this Court. The said

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judgment is dated 20^th September 2017. In the

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circumstances, these appeals are disposed of by reserving liberty to the appellant-husband to file a petition under Section 13(1A) (ii) of the Act seeking dissolution of the marriage by a decree of divorce. In case the appellanthusband is not successful in the said proceeding, liberty is reserved to him to revive these appeals.

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The appeals are disposed of in the aforesaid terms.

No costs.

Sd/JUDGE

Sd/JUDGE

Mr.Manohar v. Mrs. Yogeshwari

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Mr.Manohar v. Mrs. Yogeshwari

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