Allowed

Smt. Hattibelagal Roopa W/O Prabhakar v. Sri. Prabhakar S/O. Hanumanthappa Hungund

Karnataka HC6 Oct 2023MFA/103084/2023

Case brief

AI extract

What is this about?

Appeal against dismissal of divorce petition based on cruelty and desertion allowed. Impugned judgment set aside, petition by appellant-wife allowed, and marriage dissolved via decree for divorce.

What did the court decide?

Impugned judgment and decree dated 01.03.2023 set aside; petition allowed; marriage dissolved by decree for divorce.

Smt. Hattibelagal Roopa W/O Prabhakar Vs Sri. Prabhakar… — Dowry and Cruelty | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:11919-DB MFA No. 103084 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF OCTOBER, 2023

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PRESENT

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

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 103084 OF 2023 (MC)

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BETWEEN:

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SMT. HATTIBELAGAL ROOPA W/O. PRABHAKAR, AGE: 43 YEARS, OCCUPATION: EMPLOYEE, R/O: JOSHIGALLI, ILKAL, TQ: ILKAL, DIST: BAGALKOT-587125.

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…APPELLANT

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(BY SRI SHIVARAJ C. BELLAKKI, ADVOCATE)

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AND:

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SAMREEN AYUB DESHNUR

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SRI PRABHAKAR S/O. HANUMANTHAPPA HUNGUND, AGE: 47 YEARS, OCCUPATION: EMPLOYEE, R/O: JOSHIGALLI, ILKAL, TQ: ILKAL, DIST: BAGALKOT

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…RESPONDENT

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(NOTICE SERVED TO RESPONDENT)

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Digitally signed by SAMREEN AYUB DESHNUR Date: 2023.10.18 11:17:27 +0530

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28 (1) OF THE HINDU MARRIAGE ACT, 1955, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 01.03.2023, PASSED IN MATRIMONIAL CASE NO.30/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, HUNGUND.

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

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2 - NC: 2023:KHC-D:11919-DB MFA No. 103084 of 2023

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JUDGMENT

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This appeal by the wife is directed against the impugned judgment and decree dated 01.03.2023 passed in M.C.No.30/2021 by the Senior Civil Judge and J.M.F.C., Hungund (hereinafter referred to as the ‘Trial Court’), whereby, the said petition filed by the petitioner-wife seeking dissolution of the marriage solemnized between herself and respondent-husband on 05.05.2005 by a decree for divorce on the ground of cruelty and desertion was dismissed by the Trial Court.

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Heard learned counsel for the appellant and perused the material on record.

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The material on record discloses that the appellant-wife got married to the respondent-husband on 05.05.2005. No children were born out of their wedlock. In the year 2021, the appellant-wife filed the instant petition seeking divorce on the ground of cruelty and desertion inter alia contenting that from the year 2009 onwards, the respondent deserted her and was treating her with cruelty

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3 - NC: 2023:KHC-D:11919-DB MFA No. 103084 of 2023

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and despite repeated attempts, reconciliation has not happened and as such, the appellant was entitled for a decree for divorce.

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The said petition having been opposed by the respondent, the Trial Court proceeded to record the oral and documentary evidence of PW1, PW2 and Ex.P1 was marked by the appellant, culminating to the impugned judgment and decree dismissing the petition filed by the appellant who is before this Court by way of the present appeal.

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A perusal of the impugned judgment and decree

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will indicate that the Trial Court has failed to consider and appreciate the unimpeached, uncontroverted and unchallenged evidence of the appellant coupled with the various inconsistencies, contradictions and discrepancies and admissions in the pleading and evidence of the respondent, all of these cumulatively indicate that the appellant was entitled to a decree for divorce against the respondent. It is also relevant to state that the parties

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4 - NC: 2023:KHC-D:11919-DB MFA No. 103084 of 2023

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have been residing separately from 2009 onwards and there is absolutely no possibility of reunion between them particularly when they did not have any issues from out of the wedlock. It is also pertinent to note that in the present appeal, the respondent-husband having been served with notice have chosen to remain unrepresented and has not contested the appeal. Under these circumstances, we are of the view that the impugned judgment and decree passed by the Trial Court dismissing the petition is contrary to law and the material on record warranting interference by this Court in the present appeal. In the result, we proceed to pass the following:

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ORDER

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(i) The appeal is hereby allowed .

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(ii) The impugned judgment and decree dated

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01.03.2023 passed in M.C.No.30/2021 on the file of the Senior Civil Judge and J.M.F.C., Hungund is hereby set aside and the petition filed by the appellant-wife stands allowed.

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5 - NC: 2023:KHC-D:11919-DB MFA No. 103084 of 2023

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(iii) The marriage solemnized between the appellant-wife

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and the respondent-husband on 05.05.2005 stands dissolved by a decree for divorce.

Sd/JUDGE

Sd/JUDGE

LIST NO.: 1 SL NO.: 33

Smt. Hattibelagal Roopa W/O Prabhakar v. Sri. Prabhakar S/O. Hanumanthappa Hungund

Case brief

What is this about?

What did the court decide?

Smt. Hattibelagal Roopa W/O Prabhakar v. Sri. Prabhakar S/O. Hanumanthappa Hungund

Case brief

What is this about?

What did the court decide?

What the court decided

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