Allowed

Mr.Vishal Narayan Patil v. Smt.Deepthi Wilson R

Karnataka HC13 Jun 2024WP/1656/2023

Case brief

AI extract

What is this about?

Husband challenged refusal to stay wife's restitution of conjugal rights petition pending his matrimonial appeal against dismissal of divorce. High Court allowed the writ, set aside the order rejecting the stay application and allowed I.A.No.IV, directing early listing of the appeal.

What did the court decide?

Order in I.A.No.IV in M.C.No.528/2021 set aside; I.A.No.IV allowed staying M.C.No.528/2021 pending disposal of MFA No.6780/2019; petitioner directed to seek early disposal of appeal.

Mr.Vishal Narayan Patil Vs Smt.Deepthi Wilson R — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC:21037 WP No. 1656 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 1656 OF 2023 (GM-FC)

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BETWEEN:

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MR.VISHAL NARAYAN PATIL S/O NARAYAN RAO AGED 39 YEARS R/AT NO 168, 3^RD MAIN, 3^RD CROSS, H BLOCK RAMAKRISHNA NAGAR MYSORE -570 001

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…PETITIONER

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(BY SRI. MANMOHAN P.N., ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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SMT.DEEPTHI WILSON R. W/O VISHAL NARAYAN PATIL AGED 37 YEARS R/AT NO.621, 4^TH STAGE 13^TH CROSS, T.K.LAYOUT MYSORE- 570 001

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…RESPONDENT (BY SRI.HARISH KUMAR M.S., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET-ASIDE THE ORDER DATED 30/09/2022, PASSED IN M.C.NO.528/2021, PASSED ON I.A.NO.4, PASSED BY THE COURT OF THE IV ADDITIONAL PRINCIPAL FAMILY JUDGE AT MYSURU (PRODUCED AS ANNEXURE-H) AND CONSEQUENTLY ALLOW I.A.NO.4 AS PRAYED (PRODUCED AS ANNEXURE-F).

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC:21037 WP No. 1656 of 2023

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ORDER

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The present writ petition is filed by the husband

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aggrieved by the order passed in I.A.No.IV in M.C.No.528/2021 by the IV Additional Principal Family Judge, Mysuru.

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The parties are referred to as husband and wife for the sake of convenience.

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The husband had filed a divorce petition against the wife in M.C.No.347/2018 which came to be dismissed. Against the said dismissal order, he had preferred MFA No.6780/2019 before this Court and the same is pending for adjudication. The wife is contesting the said appeal before this Court. Later in the year 2021, the wife filed the present M.C.No.528/2021 seeking restitution of conjugal rights. In the said MC, the husband had filed I.A.No.IV under Section 151 of CPC praying the Court to stay the further proceedings in this petition until the disposal of MFA No.6780/2019. The same came to be rejected by the Court below observing that the present petition is filed for restitution of conjugal rights and when such being the case, there is no reason to stay the further proceedings at this stage as the order passed in the case will also be subjected to the

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NC: 2024:KHC:21037 WP No. 1656 of 2023

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final decision of this Court in MFA No.6780/2019. When such being the case, there is no prima facie ground to stay the further proceedings.

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Learned counsel appearing for the petitioner submits that the husband is a Hindu and the wife is a Christian and they had love marriage and the marriage is performed under the Special Marriage Act on 27.08.2010. Several incidents were narrated by the husband which led to the disputes between the parties. It is stated that on 07.09.2014, the wife left the house along with the child and took all her belongings including gold ornaments given by the husband and she sent a message to the husband stating that she is permanently leaving the house and she never wants to come back in his life. The divorce petition came to be dismissed and in the said order, the Court below had observed that the entire documents placed by the husband shows that he has not lost hope in his marital life and if they speak in open heart, there is a chance of reunion. Both of them are well educated and having worldly knowledge. They can understand the sanctity of marriage tie. They have to sacrifice their ego for the welfare of their lovely daughter.

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4 - NC: 2024:KHC:21037 WP No. 1656 of 2023

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Under these circumstances, all the incidents which are narrated by the husband during the course of his evidence is no way cause mental cruelty as alleged by the husband. Therefore, he had failed to prove that the wife and her family members have practiced mental harassment and subjected him to cruelty which made him impossible to live together and accordingly, the Court below had dismissed the petition.

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It is submitted that the wife deserted the husband in the year 2014 and divorce petition was filed in the year 2018. It came to be dismissed in the year 2019 and immediately the husband preferred an appeal before this Court and the wife contested the matter and she kept quiet for two years and in the year 2021, she filed this petition for restitution of conjugal rights. Learned counsel submits that now the appeal is five years old and there is every likely-hood that the matter may be listed. In the mean time, if the Court below grants the order of restitution of conjugal rights, the appeal would literally become infructuous. The Court below had observed that any orders will be subject to the result of the appeal and the said observation is also not correct as that cannot be subjected to the result of

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5 - NC: 2024:KHC:21037 WP No. 1656 of 2023

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the appeal. He submits that the Court below ought to have stayed the further proceedings in M.C.No.528/2021 filed for restitution of conjugal rights while the MFA is pending before this Court.

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Learned counsel appearing for the wife submits that the wife at all times was ready to join the husband and the wife and the daughter were waiting to join the husband and it is submitted that the Court below had rightly dismissed the I.A. The husband cannot eternally wait for the disposal of the appeal and proceedings for restitution of conjugal rights which is altogether different proceedings. He submits that the wife and child are waiting from the year 2014 for the husband to take them back and now these proceedings can be independently taken forward without waiting for the disposal of the pending MFA before this Court. He submits that now, even if they are unsuccessful on the ground of cruelty, then the husband will come up with an application for divorce on the ground of desertion. He submits that the Court below had rightly dismissed the I.A. and no grounds are made out seeking

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NC: 2024:KHC:21037 WP No. 1656 of 2023

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interference with the well considered order passed by the Court below.

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Having heard the learned counsels on either side, perused the entire material on record. The undisputed fact is that the wife is staying away from the husband. Both the parties are staying apart from the year 2014 and both of them have there own reasons for that. The husband had filed M.C.No.347/2018 in the year 2018 seeking divorce and the same came to be dismissed in the year 2019. Then the appeal was filed in the year 2021. Now, the petition for restitution of conjugal rights is filed in the year 2021. The wife had the right to file a restitution petition which cannot be denied. But looking at the particular facts and circumstances of this case, where

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the parties are staying apart right from the year 2014 and even after the disposal of divorce petition in the year 2019, the wife had kept quiet till the year 2021 for filing a petition for restitution of conjugal rights. Now the MFA that is pending is already six years old and there is every liking that the orders might be passed in the MFA at the earliest. Even before the order is passed in the MFA and the MC is heard, the situation

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NC: 2024:KHC:21037 WP No. 1656 of 2023

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would be conflicting of orders and the parties would be left in a confused situation. Considering all these aspects, this Court is passing the following:

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ORDER

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i. The writ petition is allowed .

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ii. The order passed in I.A.No.IV in M.C.No.528/2021 by the IV Additional Principal Family Judge, Mysuru, is set aside and I.A.No.IV is allowed.

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iii. The petitioner shall make efforts to get the MFA listed and see that the same is disposed of at the earliest.

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iv. All pending IA’s if any shall stand closed.

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SD/JUDGE

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MEG List No.: 1 Sl No.: 1

Mr.Vishal Narayan Patil v. Smt.Deepthi Wilson R

Case brief

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Mr.Vishal Narayan Patil v. Smt.Deepthi Wilson R

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