Appeal by wife against dissolution of marriage decree based on cruelty. High Court confirmed the decree finding cruelty via repeated false complaints. Ordered respondent to pay 10 lakh rupees permanent alimony with interest.
Confirmation of dissolution decree; award of Rs.10 lakhs permanent alimony to wife; interest from due date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MFA No. 654 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 654 OF 2017
BETWEEN:
SMT. S. PREMALEELA, W/O K. B. JAYANNA, AGED ABOUT 55 YEARS, TEACHER, VINOBHA NAGAR, FOREST DEPARTMENT ROAD, SAGAR, SHIMOGGA DISTRICT - 577 401.
…APPELLANT
(BY SRI. M. G. KANTHARAJAPPA., ADVOCATE FOR SRI. VIJAYAKUMAR S. C., ADVOCATE)
Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA
AND:
K. B. JAYANNA, S/O BASAPPA, AGED ABOUT 64 YEARS, CHIEF POLICE CONSTABLE, KARGAL POLICE STATION, KARGAL, NOW R/O RETIRED POLICE CONSTABLE, NEAR WINE STORE, TUMARI - 577 401, KARURU HOBLI SAGAR TALUK, SHIMOGGA DISTRICT.
…RESPONDENT
(BY SRI. HARISH KUMAR M. S., ADVOCATE)
MFA No. 654 of 2017
THIS MFA IS FILED U/S 28(1) OF THE HINDU MARRIAGE ACT, R/W SEC.19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED:16.12.2016 PASSED IN M.C.NO.39/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, SAGAR, PARTLY ALLOWING THE PETITION FILED U/S 13(1)(i-a) (i-b) OF THE HINDU MARRIAGE ACT.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, ANANT RAMANATH HEGDE J., DELIVERED THE FOLLOWING:
JUDGMENT
This is an appeal under Section 28(1) of the Hindu Marriage Act, 1955, by the wife, the respondent in M.C. No.39/2012, on the file of the Senior Civil Judge & JMFC at Sagar.
MFA No. 654 of 2017
MFA No. 654 of 2017
quarrel, which occurred almost daily, the Department asked him to vacate the official quarters and therefore he vacated the quarters and took a house on rent in Sagar. It is also his contention that after a few days, when he had been to the office, the wife took all his household articles and went to a separate house which she took on rent. He further states that despite repeated requests, the wife did not join the company of the husband. He further states that he stayed at the police station and used to have the hotel food as his wife did not cook food for him.
MFA No. 654 of 2017
wife started residing with him eight years after the marriage. And later, after a short period, she left the company of her husband and despite repeated requests, she has not joined the company of her husband. Based on these facts, he has sought for dissolution of the marriage.
MFA No. 654 of 2017
MFA No. 654 of 2017
live with the husband. It is further urged that the Trial Court did not appreciate the oral and documentary evidence in proper perspective and erroneously allowed the petition.
MFA No. 654 of 2017
filed by the wife to recall the said order. Thus, the order acquitting the husband in Crl.A.No.146/2012 passed by the Fast Track Court, Sagar has attained finality.
MFA No. 654 of 2017
Court and in one case the husband is acquitted. The fate of other complaints is not forthcoming from the records. This leads to the inference that the complaints were baseless. The Trial Court has noticed that the wife has filed a series of complaints against the husband. Though he was convicted in one criminal case, later, on an appeal by the husband the order of conviction was set aside and the husband is acquitted. The order has attained finality. The Trial Court has taken the view that repeated complaints filed by the wife against the husband amounts to cruelty. It is the case of the husband that he is repeatedly transferred on account of complaints filed by his wife. The wife in her cross-examination has admitted the fact that the husband was repeatedly transferred from one place to another. Though the wife has tried to contend that the husband is transferred on account of his inefficiency, however, no material is placed to hold that he was repeatedly transferred on account of inefficiency. It is also admitted by the wife in her cross-examination that off late, the relationship between the wife and her mother-in-law was not cordial. The Trial Court has also noticed that the wife has not filed the petition seeking restitution of conjugal rights. On overall appreciation of the
MFA No. 654 of 2017
evidence and the circumstances, the Trial Court took a view that the husband has been subjected to cruelty as frivolous complaints were lodged by the wife. It is the well-settled position of law that filing frivolous and baseless complaints imputing the character of the spouse amounts to cruelty.
Court has not passed any order relating to alimony payable to the wife.
MFA No. 654 of 2017
the son stayed with the mother and she raised him. Though the husband claims that he has provided all the financial assistance for the education of the son, such a plea is not supported by any evidence. This Court is of the view that the wife must have incurred considerable expenditure for raising and educating the son, who admittedly was living with the wife.
MFA No. 654 of 2017
wife under Section 494 of the Indian Penal Code. If, it is still pending, the same shall be considered on its own merits without being influenced by any of the observations made in this judgment. Hence the following.
ORDER
(iv) Accordingly, the appeal is disposed of.
Sd/JUDGE
Sd/JUDGE
VM List No.: 1 Sl No.: 42
3 issues framed by the court
Whether the trial court correctly held that the wife amounting to cruelty by filing frivolous and baseless complaints against the husband.
Whether the appellant is entitled to permanent alimony given the parties' age and employment status.
How to fix an amount for delayed alimony.
3 provisions across 2 enactments
Smt. S. Premaleela
K. B. Jayanna
Alok Aradhe
Anant Ram Nath Hegde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
