Dismissed

Smt Geetha v. H B Ashok

Karnataka HC14 Jul 2023MFA/813/2017

Case brief

AI extract

What is this about?

This High Court of Karnataka allowed the husband's appeal against a Family Court decree granting dissolution of marriage on grounds of desertion. The High Court set aside the findings regarding an admitted illicit relationship as unsupported but upheld the original decree based on established desertion.

What did the court decide?

The judgment and decree of the Family Court granting dissolution of marriage on the ground of desertion are confirmed, and the appeal is dismissed.

Smt Geetha Vs H B Ashok — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:24533-DB MFA No. 813 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JULY, 2023

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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 ANANT RAMANATH HEGDE MISCELLANEOUS FIRST APPEAL NO. 813 OF 2017 (FC)

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BETWEEN:

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SMT GEETHA, AGED ABOUT 44 YEARS, W/O H B ASHOK, OCCUPATION: HOMEMAKER, R/O DINNI MANE KERI, KUMSI - 577 423, SHIVAMOGGA TALUK & DISTRICT.

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…APPELLANT

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(BY SRI UMESH MOOLIMANI, ADVOCATE FOR SRI S V PRAKASH, ADVOCATE)

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AND:

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Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

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H B ASHOK, AGED ABOUT 54 YEARS, S/O DASAPPA, OCCUPATION: AGRICULTURIST, R/O KUMSI VILLAGE - 577 423, SHIVAMOGGA TALUK AND DISTRICT.

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…RESPONDENT

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(BY SMT. MANJULADEVI R KAMADOLLI , ADVOCATE FOR C/R1)

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THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 02.12.2016 PASSED IN M.C.NO.213/2013 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ib) OF THE HINDU MARRIAGE ACT.

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THIS APPEAL COMING ON FOR HEARING, THIS DAY, ANANT RAMANATH HEGDE J ., DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal under Section 19(1) of the Family Courts Act, 1984 is filed challenging the judgment and decree passed in M.C. No.213/2013 on the file of the Family Court, Shivamogga. The wife being the respondent in the aforementioned petition has questioned the decree for dissolution of marriage wherein the Family Court has granted a decree for dissolution of marriage on the ground of desertion.

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The brief facts necessary for adjudication of the case are as under:

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The marriage of the parties was solemnised in June 1995. It is stated by the husband that the couple lived together for three months, thereafter, the wife started raising quarrel with the husband for silly reasons. It is also his case that she used to shout at him in foul language stating that she is not interested in the marriage. It is further contention that she has developed illicit relationship with a person by name Ranga and she also started moving with other persons and he has further stated that she left the company of the husband in the month of January, 1995 with an intention to put a

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- 3 - NC: 2023:KHC:24533-DB MFA No. 813 of 2017

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permanent end of the marital relationship and he further states that she has never returned to the matrimonial home thereafter. In addition to that he has stated that the act of the wife resulted in cruelty and he was mentally harassed and further states that despite the best efforts made by the elders in the family, there was no reconciliation. It is also stated that the wife insisted to come and stay in city and she objected to the husband constructing a house in small village and the husband has not acceded to the request of the wife to join her in the city. She left the company of the husband in the month of August 1995. Based on these facts, the husband has filed a petition seeking dissolution of marriage invoking Section 13(1)(b) of the Hindu Marriage Act, 1955.

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The wife has contested the petition by filing statement of objections. She has denied the allegation of illicit relationship levelled against her. She has also denied that she abused the husband in foul language. However, it is to be noticed from the statement of objections that she has not disputed the fact that she has left the company of the husband in the month of August 1995. She has also not disputed the

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allegation against her that she left the company of the husband with an intention to put a permanent end to the relationship.

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The husband to substantiate his contention examined himself as PW1 and has produced 20 documents at Exs.P.1 to P.20. The respondent examined herself as RW1 and no documents are produced on her behalf.

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The Family Court on appreciation of the evidence on record and after considering the contentions raised before it, granted a decree of dissolution of marriage on the ground that the wife has deserted the company of the husband with an intention to put an end to the matrimonial relationship. Aggrieved by the aforementioned judgment and decree, the wife is in appeal.

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Heard learned counsel for the parties.

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Learned counsel would submit that the allegation to

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illicit relationship is not established. There is no admission by the wife relating to alleged illicit relationship. It is also his contention that the fact that wife left the company of the husband because of the ill treatment given by the husband is

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not taken into consideration by the Family Court. Inviting the attention of this Court to various documents produced on behalf of the husband would further allege that these documents would not establish the alleged illicit relationship and the very fact that allegations are levelled against the wife amounts to cruelty and the Family Court is not justified in granting a decree for dissolution of marriage.

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Learned counsel for the husband would justify the

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judgment and decree passed by the Family Court and further contend that the wife has admitted that she is staying apart from the husband since 1995. It is also borne out from the records that she has not made any attempt to join the company of the husband for 10 years prior to the filing of the petition. It is also forthcoming from the statement given by her father that she is found in the company of other person, this being the position, the allegations made by the husband are duly established and the Family Court is justified in granting decree for divorce.

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This Court has considered the contentions raised at the bar and also perused the records, impugned judgment and decree.

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The Family Court has given a finding that the wife has admitted her illicit relationship with one person by name Ranga and allegations are established in view of the fact that wife has admitted the photographs confronted to her. This Court has perused the evidence of the wife in this regard in her cross examination. On perusal of the cross examination, it is evident that there is no such admission by the wife relating to the alleged illicit relationship. The alleged photographs do not support the case of the husband to say that the illicit relationship alleged is duly established. This being the position, this Court is of the view that the Family Court is not justified in holding that the illicit relationship alleged by the husband is established.

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However, it is to be noticed in the petition, the husband has taken a specific stand that on 31.08.1995 the wife has left the company of the husband and thereafter, she did not return. It is also his specific contention in paragraph 7 that

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despite efforts made by the elders in the family, wife left the company of the husband on the premise that she has no interest in staying in the village where the husband is constructing a house. This particular statement made in the petition is not disputed by the wife in her statement of objection. On overall appreciation of the evidence and circumstances on record, it can be safely concluded that the wife has left the company of the husband as the husband was constructing a house in a village and the wife was not interested in living in a village along with the husband. The Family Court has taken this aspect into consideration and has come to the conclusion that the desertion is established and on the ground of desertion, granted a decree for dissolution of marriage.

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For the aforementioned reasons, this Court is of the view that the findings of the Family Court relating to the alleged relationship has to be set-aside and the same is setaside. However, the judgment for dissolution of marriage on the ground of desertion is confirmed.

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Hence, the following:

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ORDER

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(i) The judgment and decree dated 02.12.2016 passed by the Family Court in M.C.No.213/2013 is confirmed.

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(ii) Appeal is dismissed.

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Sd/JUDGE

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Sd/JUDGE

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BRN List No.: 1 Sl No.: 38

Smt Geetha v. H B Ashok

Case brief

What is this about?

What did the court decide?

Smt Geetha v. H B Ashok

Case brief

What is this about?

What did the court decide?

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