Allowed

Smt. Bhavakana S/O Chandrakant Karvekar v. Sri Reshma W/O Bhavakana Karvekar

Karnataka HC12 Sept 2023MFA/100981/2023

Case brief

AI extract

What is this about?

The High Court allowed the husband's first appeal against the Family Court's dismissal of his divorce petition. Despite the wife's unrepresented status, the High Court found cruelty was established by uncontroverted evidence and the marriage had irretrievably broken down for over five years.

What did the court decide?

Decree for divorce granted to the appellant on the ground of cruelty; the marriage solemnized on 6.1.2013 is dissolved.

Smt. Bhavakana S/O Chandrakant Karvekar Vs Sri… — Matrimonial and Divorce | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC-D:10443-DB MFA No. 100981 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12^TH DAY OF SEPTEMBER, 2023 PRESENT

¶3

THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR AND

¶4

THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 100981 OF 2023 (FC)

¶5

BETWEEN:

¶6

SRI. BHAVAKANA S/O. CHANDRAKANT KARVEKAR AGE: 33 YEARS, OCC: LAUNDRY BUSINESS, R/O: RAMNAGAR KANGRALI, BELAGAVI-590010.

¶7

…APPELLANT

¶8

(BY SRI. MAHANTESH S. HIREMATH, ADVOCATE)

¶9

AND:

¶10

JAGADISH T R HIGH COURT OF KARNATAKA DHARWAD BENCH 2023.10.06 13:06:42 +0530

¶11

SMT. RESHMA W/O. BHAVAKANA KARVEKAR (MAIDEN NAME RESHMA DATTA BANDEKAR) AGE: 27 YEARS, OCC: HOUSE WIFE, R/O: KACHORI GALLI, SHAHAPUR, BELAGAVI-590003.

¶12

(RESPONDENT-SERVED)

¶13

…RESPONDENT

¶14

THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 17.12.2022, PASSED IN MATRIMONIAL CASE NO.444/2017 ON THE FILE OF THE PRINCIPAL JUDGE FAMILY COURT, BELAGAVI, DISMISSING THE PETITION FILED U/SEC.13(1)(ia) AND (ib) OF THE HINDU MARRIAGE ACT.

¶15

THIS APPEAL COMING ON FOR ORDERS, THIS DAY, S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:

¶16

2 - NC: 2023:KHC-D:10443-DB MFA No. 100981 of 2023

¶17

JUDGMENT

¶18

This appeal by the appellant/husband is directed against the impugned judgment and decree dated 17.12.2022 passed in MC No.444/2017 by the learned Principal Judge, Family Court, Belagavi, whereby the said petition filed by the appellant seeking dissolution of his marriage with the respondent/wife solemnized on 6.1.2013 by a decree for divorce on the grounds of cruelty and desertion was dismissed by the Family Court.

¶19

2. Heard the learned counsel for the appellant

¶20

perused the material on record. The respondent having been served with notice of this appeal has chosen to remain unrepresented and has not contested her appeal.

¶21

3. The material on record discloses that the

¶22

appellant got married to the respondent on 6.1.2013 and from out of their wedlock, a female child Kum. Arpita was

¶23

born on 8.12.2013, who is in the custody of the respondent. The appellant contended that the respondent repeatedly treated him with cruelty and kept leaving him

¶24

3 - NC: 2023:KHC-D:10443-DB MFA No. 100981 of 2023

¶25

and going to her parental home till ultimately in the month of September, 2017, the respondent deserted the appellant and went away to her parental home and did not return and as such, the appellant filed the instant petition seeking divorce.

¶26

4. The said petition was contested by the respondent, who filed her statement of objections disputing the claim of the appellant. During trial, the appellant examined himself as PW1 and Exs.P1 to P4 were marked, while respondent examined herself as RW1 but did not mark any documents. After hearing the parties,

¶27

the Family Court proceeded to dismiss the petition by passing the impugned judgment and decree, which is assailed in the present appeal.

¶28

5. A perusal of the material on record including the impugned judgment and decree will indicate that in the light of petitioner’s own showing/contention that the respondent had deserted him on 14.01.2017, which is less than two years from the date of presentation of the petition on 3.11.2017 as required under Section 13(1)(i-b)

¶29

4 - NC: 2023:KHC-D:10443-DB MFA No. 100981 of 2023

¶30

of the Hindu Marriage Act, 1955, the Family Court was fully justified in coming to the correct conclusion that the appellant was not entitled to a decree for divorce on the ground of desertion.

¶31

6. However, insofar as ground the cruelty is concerned, the Family Court not only failed to consider and appreciate the material on record, which clearly establishes that the petitioner was entitled to a decree for divorce on the ground of cruelty in the light of unimpeached, uncontroverted and unchallenged evidence of the appellant coupled with various admissions, contradictions, discrepancies and inconsistencies in the pleadings and evidence of the respondent. So also, the Family Court failed to appreciate that both the appellant and respondent have been residing and living separately for more than five years and the marriage between them has irretrievably broken down and there is no possibility of reunion. Under these circumstances, we are of the considered opinion that the impugned judgment and decree passed by the Family Court deserves to be set-

¶32

5 - NC: 2023:KHC-D:10443-DB MFA No. 100981 of 2023

¶33

aside and the petition filed by the appellant deserves to be partly allowed by granting a decree for divorce on the ground of cruelty.

¶34

7. In the result, we proceed to pass the following:

¶35

ORDER

¶36

a) Appeal is hereby allowed .

¶37

b) The impugned judgment and decree passed by the Family Court is hereby setaside and the petition filed by the appellant is partly allowed by granting a decree for divorce in favour of the appellant on the ground of cruelty.

¶38

c) The marriage solemnized between the appellant and respondent on 6.1.2013 is dissolved by a decree for divorce.

¶39

d) Draw decree accordingly.

Sd JUDGE

Sd JUDGE

JTR

List No.: 1 Sl No.: 22

Smt. Bhavakana S/O Chandrakant Karvekar v. Sri Reshma W/O Bhavakana Karvekar

Case brief

What is this about?

What did the court decide?

Smt. Bhavakana S/O Chandrakant Karvekar v. Sri Reshma W/O Bhavakana Karvekar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Irene Power and Steel Company Vs Nirani Sugars Ltd.

Reshma W/O Razaksab Mulimani Vs the State of Karnataka

Smt Hanumakka W/O Late Suresh Vs S M Shantha Murthy S/O S.M. Thippeswamy

Mr.M.P. Goudar Vs the I G-Cum-Chief Security Commissioner/

Venkatesh S/O Bapu Bhomkar, Vs Rudresh D N S/O Nanjundaraya

Reliance General Insurance Co. Limited Vs Smt. Suvarna