Usharani W/o E. Pushparaj vs E. Pushparaj S/o Ethiraj

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Kar) 506

ALOK ARADHE, S. VISHWAJITH SHETTY
Usharani W/o E. Pushparaj – Appellant
Versus
E. Pushparaj S/o Ethiraj – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Sri G.Sukumaran, Adv.
For the Respondent: Sri Puttige. R. Ramesh, Adv.)

JUDGMENT :

1. These two appeals are filed by the wife challenging the judgment and decree passed by the Court of Senior Civil Judge & JMFC, K.G.F., in M.C.No.63/2009 dated 01.07.2011 and M.C.No.66/2011 dated 26.09.2016.

2. Since the parties to the appeals are common and the dispute between the parties being interlinked, both the appeals are clubbed together, heard and disposed of by this common judgment.

3. Brief facts of the case that would be relevant for the purpose of disposal of these two appeals are that the marriage of the appellant-wife was solemnized with the respondent-husband on 15.12.2005 as per the Hindu rites and customs in the office of the Sub-Registrar, K.G.F. From the wedlock, the couple have a son who was born on 12.04.2009. It appears that after the birth of the child, the relationship between the parties had strained and the wife started residing in her parents house along with her son.

4. The husband had filed the petition under Section 9 of the Hindu Marriage Act, 1955 (for short, ‘the Act’) in M.C.No.63/2009 before the Family Court, alleging that his wife had left his company on 16.04.2009 without there being any valid reasons and ever since then, she has been r

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