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2021 Supreme(Kar) 991

B. V. NAGARATHNA, J. M. KHAZI
Srilakshmi, W/o. N. Sudarshan – Appellant
Versus
N. Sudarshan, S/o. Late Narasimhaswamy – Respondent


Advocates Appeared:
For the Appellant : Sri. Pratheep K.C.
For the Respondent: Sri. Rajashekar.

JUDGMENT :

1. Being aggrieved by the Judgment and decree dated 16.01.2016 in O.S.No.65/2012 on the file of Prl.Judge, Family Court, Mysuru, whereby the suit filed by her came to be dismissed, appellant/plaintiff filed this appeal under Section 19 (1) of the Family Court Act, 1984 r/w Section 28 of the Hindu Marriage Act, 1955.

2. For the sake of convenience the parties herein are referred to as per their rank in the original suit.

3. In the said suit, plaintiff sought relief of permanent injunction to restrain defendant Nos.2 to 5 from disbursing retirement benefits to defendant No.1, till he makes arrangements for the residence and maintenance of plaintiff.

4. Briefly stated, the averments of the plaintiff are to the following effect:-

    (a) Plaintiff is the legally wedded wife of defendant No.1, their marriage having been solemnised on 13.06.1986. After marriage, they led a happy married life. However, they are not having any issues. In view of dowry harassment, plaintiff filed a complaint against defendant No.1. Since he deserted and neglected her, she filed a petition for maintenance under Section 125 Cr.P.C in C.Mis.62/1999 which came to be allowed on 03.07.2001. Plaintiff’s pet

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