Allowed

Mrs Girija Patel v. Mr Vijay R Rao

Karnataka HC25 Mar 2024MFA/3387/2018

Case brief

AI extract

What is this about?

Wife appealed against the Family Court's refusal to grant divorce, which had instead decreed judicial separation. As the parties had lived apart since 2011 and no cohabitation resumed after the 2018 decree, the court granted divorce under Section 13(1A) and allowed the appeal.

What did the court decide?

Decree dissolving the marriage by divorce under Section 13(1-A), Hindu Marriage Act, 1955; appeal allowed.

Mrs Girija Patel Vs Mr Vijay R Rao — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC:12222-DB MFA No. 3387 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2024

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PRESENT

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THE HON'BLE MRS JUSTICE ANU SIVARAMAN AND

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS FIRST APPEAL NO. 3387 OF 2018 (FC)

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BETWEEN:

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MRS GIRIJA PATEL, AGED ABOUT 40 YEARS, W/O. VIJAY R RAO, R/AT NO. 57, 2^ND CROSS, 2^ND BLOCK, P & T COLONY, R T NAGAR, BANGALORE - 560 032.

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…APPELLANT

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(BY SMT PRAMILA NESARGI, SR. ADVOCATE FOR SRI MUNISWAMY GOWDA S G, ADVOCATE) AND:

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

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MR VIJAY R RAO, AGED ABOUT 40 YEARS, S/O. R RAGHAVENDRA RAO, PRESENTLY R/AT NO. C-I, 502, SJR LUXURIA, KOTHANUR CROSS, OFF BANNERAGHATTA ROAD, IIMB POST, BANGALORE - 560 076.

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…RESPONDENT

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(BY SMT ANNAPURNA BEVINJE, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DT.15.03.2018 PASSED ON MC NO.3108/2012 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia)(iii) OF THE HINDU MARRIAGE ACT.

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THIS MFA COMING ON FOR HEARING THIS DAY, ANU SIVARAMAN J., DELIVERED THE FOLLOWING:

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NC: 2024:KHC:12222-DB MFA No. 3387 of 2018

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JUDGMENT

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Heard the learned counsel appearing for the parties. We have also heard the petitioner who was personally present before us.

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It is submitted by the learned counsel that the appellant/wife had approached the Family Court at Bengaluru seeking decree of divorce. However, after considering the contentions as well as the evidence on record, the Family Court had granted a decree of judicial separation instead of a decree for divorce.

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It is submitted by the learned counsel appearing for the parties that the parties are residing separately since 2011 and that there is no chance of re-union between the parties. It is stated that there is one child born in the marriage i.e. a girl child, now aged 19 and there are no other cases pending between the parties.

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We notice that the decree of judicial separation has

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been granted on 15.03.2018 by the Family Court. There is no stay of the decree granted by this Court in this appeal. The

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NC: 2024:KHC:12222-DB MFA No. 3387 of 2018

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parties have admittedly been staying separately since the year 2011.

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Section 13(1A) of the Hindu Marriage Act, 1955

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reads as follows:

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[(1A) Either party to a marriage, whether solemnised before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground:-

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(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of [one year] or upwards after the passing of a decree for judicial separation in a proceedings to which they were parties; or

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(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]

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In the instant case, after hearing the learned counsel

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appearing on either side and in view of the fact the decree for

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4 - NC: 2024:KHC:12222-DB MFA No. 3387 of 2018

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judicial separation has been rendered in the year 2018 and there has been no resumption of co-habitation between the parties since then, we are of the opinion that the decree for divorce under Section 13(1A) of the Hindu Marriage Act, 1955 is liable to be passed in the above matter.

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Hence, the following:

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ORDER

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(i) Appeal is accordingly allowed.

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(ii) There will be a decree dissolving the marriage between the parties by the grant of decree of divorce under Section 13(1-A) of the Hindu Marriage Act, 1955.

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Sd/JUDGE

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Sd/JUDGE

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BRN/List No.: 1 Sl No.: 42

Mrs Girija Patel v. Mr Vijay R Rao

Case brief

What is this about?

What did the court decide?

Mrs Girija Patel v. Mr Vijay R Rao

Case brief

What is this about?

What did the court decide?

What the court decided

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