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2014 Supreme(Kar) 569

K.L.MANJUNATH, A.V.CHANDRASHEKARA
Vinod Aloysius Miranda – Appellant
Versus
Angeline Sylvia Sophia Menezes – Respondent


Advocates appeared:
For the Appellant:Cyril Prasad Pais, Advocate.
For the Respondent:K Shashikanth Prasad, Advocate.

Judgment :

1. The present appeal is filed under Section 19 of Family Courts Act challenging the order passed by the Learned Judge of the Family Court, Mangalore in M.C.No.152/2012 clubbed with M.C.No.245/2012 dated 3.8.2013.

2. The appellant-husband herein was the respondent in M.C.152/2012 filed against him by his wife for decree of divorce on the ground of desertion and cruelty. The respondent-husband herein had filed M.C.245/2012 for restitution of conjugal rights. M.C.152/2012 has been allowed and decree of divorce has been granted on the ground of cruelty and M.C.245/2012 has been dismissed for relief of restitution of conjugal rights. Hence, the present appeal is filed by the husband.

3. Appellant-husband herein will be referred to as respondent and respondent-wife herein will be referred to as petitioner as per their ranking in M.C.152/2012.

4. The parties are Christians and their marriage had been solemnized as per the customs of their religion. The petitioner is a widow and respondent is a divorcee. Their marriage was solemnized on 21.10.2009 at St.Jude Shrine Pakshikere in the presence of friends and relatives and it was an arranged marriage. After the marriage, the res























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