Allowed

Smt. Nagalatha v. Sri P N Keshava Murthy

Karnataka HC21 Mar 2022MFA/4287/2020

Case brief

AI extract

What is this about?

The High Court allowed an appeal against a Family Court order dismissing a divorce petition. Finding the respondent guilty of cruelty through assault, gambling, and borrowing money in the wife's name, the court set aside the dismissal and granted a decree of divorce.

What did the court decide?

The judgment and decree passed by the Family Court on 17.01.2020 were set aside, and the petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 was allowed.

Smt. Nagalatha Vs Sri P N Keshava Murthy — Matrimonial and Divorce | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF MARCH, 2022

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PRESENT

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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AND

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THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY

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MISCELLANEOUS FIRST APPEAL No.4287/2020

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BETWEEN:

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SMT. NAGALATHA W/O V. S. KESHAVA MURTHY, AGED ABOUT 48 YEARS, R/AT NO.266, 5TH MAIN, I.T.I LAYOUT, NEAR SBI BANK, NEAR DEEPA COMPLEX, MALLATHAHALLI, BANGALURU-560056. … APPELLANT (BY SRI BASAVARAJU, T. A., ADV.) AND:

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SRI P. N. KESHAVA MURTHY S/O NARAYANASWAMY, AGED ABOUT 59 YEARS, C/O P. N. NAGARAJ, R/AT NO.260/3, MATHUSRI SADANA, 6TH CROSS, BINNY LAYOUT, NAGARABHAVI 2ND STAGE, BENGALURU-560072. … RESPONDENT

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(BY SRI HIREMATH, N. S., ADV.)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT R/W SECTION 28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DT.17.01.2020 PASSED IN M.C.NO.3649/2018 ON THE FILE OF THE IV ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED U/S.13(1)(ia), (ib) OF HINDU MARRIAGE ACT.

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THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, VISHWAJITH SHETTY J. , DELIVERED THE FOLLOWING:

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J U D G M E N T

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This appeal is filed by the wife challenging the judgment and decree dated 17.01.2020 passed by the IV Additional Principal Judge, Family Court, Bengaluru, in M.C.No.3649/2020.

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Brief facts of the case that would be relevant for the purpose of disposal of this appeal are:

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The marriage of the appellant-wife with the respondenthusband was solemnized on 21.11.1999 at Sri Manjunatha Kalyana Mantapa, K.R.Puram, Hassan District, as per Hindu rites and customs and from the said wedlock, the couple have a male child born on 25.05.2001, who is now under the care and custody of mother. After marriage, the respondent was working as a Quality Control Officer at Torsteel, Bengaluru and was getting a salary of Rs.20,000/- per month.

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Subsequently it appears that the respondent got indulged in gambling activities and he had borrowed huge amount of loan from private moneylenders. The appellant/wife has stated that the respondent was in the habit of attending Horse races and also he used to indulge in cricket betting and he used to consume alcohol and come to the house late in the night and assault her and also her son. She has also stated that the borrowers used to come near her house and quarrel with her husband. She has further stated that the respondent had also borrowed money using various credit and debit cards and he had also borrowed loans in her name without her consent and thereby put her to hardship. She has further stated that he used to leave home and return after several days without any intimation. She has also stated that he never bothered to take care of his wife and son and never provided anything for their maintenance and he had completely failed to perform his marital obligation. It is under these circumstances, the wife had filed a petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 before the Family Court seeking a decree of divorce dissolving her marriage with the respondent. The said petition was

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dismissed by the Family Court by its judgment and decree dated 17.01.2020 and being aggrieved by the same, the wife has preferred this appeal.

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Learned counsel for the appellant-wife submits that the respondent-husband though served in the matter had remained absent before the Family Court and he was treated as exparte. He submits that the appellant had produced sufficient material to establish the case of cruelty as against her husband and the Family Court has failed to properly appreciate the same and has erred in dismissing the petition seeking divorce. He submits that the husband, who has been addicted to various vices, has been harassing the wife and son and this aspect has not been properly appreciated by the Family Court, which has resulted in erroneously dismissing the petition and he accordingly prays to allow the petition.

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Per contra, learned counsel for the respondenthusband submits that the respondent is ready and willing to maintain his wife and son and he is also willing to take them back. He submits that the Family Court has rightly dismissed

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the petition filed by the wife, as she had failed to prove her

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case and accordingly prays to dismiss the appeal.

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We have carefully appreciated the arguments addressed on both sides and also perused the material available on record.

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To substantiate her case, the appellant-wife had examined herself as PW-1 before the Family Court and had also produced three documents as Exs.P1 to P3. The respondent-husband though served in the proceedings had remained absent and he was treated “ exparte” before the Family Court. During the course of her evidence, the appellant, who was examined as PW-1, has reiterated the petition averments which has remained uncontroverted. She has stated in the affidavit filed in lieu of examination-in-chief

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that her husband was working earlier in a private company at Bellary and subsequently he was transferred to Bangalore wherein he was working as a Quality Control Officer at Torsteel, Bangalore. She has also stated that her husband was in the habit of attending horse races and he was also indulged in cricket betting and he had borrowed loans from

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private moneylenders and he used to come to the house late in the night and assault her and also her son. She has also stated that the husband had borrowed money using debit cards and he was also in the habit of opening bank account and taking debit card in her name and borrowing loan without her knowledge. She has further stated that as a result, she was put to embarrassment. Further, the husband never bothered to take care of her and her son and never provided any maintenance to them. She has further stated that her husband used to leave the house without any intimation and thereafter return after several days. It is further stated that the husband used to assault her and her son and ultimately on 05.03.2015 he had thrown them out of the house without any reason. All these evidence placed on record by the appellant has remained uncontroverted. If the aforesaid averments and allegations made against the husband are appreciated, it is very clear that the respondent has failed to take care of his wife and son and on the other hand, he was addicted to various vices and also indulged in gambling and he had borrowed loans from private parties not only in his

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name but also in the name of his wife, thereby causing serious hardship to her.

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From the overall reading of the affidavit filed in lieu of examination-in-chief by PW-1, it is evident that the respondent is a vagabond and he was also in the habit of assaulting of his wife and son. During the course of arguments, learned counsel for the respondent has stated that the respondent has now lost his job and though he was served with a notice in the proceedings before the Family Court, he had not contested the proceedings since he had no sources to avail the services of an advocate. The averments made in the affidavit of PW-1 filed in lieu of examination-inchief and the aforesaid submissions made by the leaned counsel for the appellant, if read together, it appears that there is truth in the allegations made by the wife that the husband had indulged himself in gambling activities and had also borrowed huge money from private moneylenders and resultantly, it appears that he has lost his job.

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Be that as it may, the appellant-wife in addition to her pleadings has deposed before the Family Court to the

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effect that the husband was ill-treating her and her son and also he had failed to maintain them. It has also come on record that the husband was indulging in gambling activities and he not only had borrowed money from private moneylenders but he had also borrowed money in the name of his wife, which had created serious embarrassment to her.

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From the appreciation of overall evidence on record,

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it can be clearly said that the wife had made out a case before the Family Court for dissolution of marriage by a decree of divorce on the ground of cruelty. Under the circumstances, we are of the considered view that the Family Court was not justified in dismissing the petition filed by the wife seeking dissolution of marriage with the respondent by a decree of divorce. Accordingly the following order:

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The judgment and decree dated 17.01.2020 passed by the IV Additional Principal Judge, Family Court, Bengaluru, in M.C.No.3649/2020 is set aside and the petition of appellant wife is allowed under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The marriage of the appellant with the respondent solemnized on 21.11.1999 is dissolved by a decree of divorce.

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In the result, the Miscellaneous First Appeal is allowed.

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Sd/JUDGE

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Sd/JUDGE

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KNM/-

Smt. Nagalatha v. Sri P N Keshava Murthy

Case brief

What is this about?

What did the court decide?

Smt. Nagalatha v. Sri P N Keshava Murthy

Case brief

What is this about?

What did the court decide?

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