S. Shyamala @ Kathyayani vs B. N. Mallikarjunaiah

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Kar) 875

VISHWAJITH SHETTY
S. Shyamala @ Kathyayani – Appellant
Versus
B. N. Mallikarjunaiah – Respondent

Advocates appeared:
Advocate Ramesh. P. Kulkarni, for the Appellant; Leeladhar.H.P, for the Respondent.

JUDGMENT

1. This miscellaneous first appeal under Section 19 of the Family Courts Act, 1984 has been filed by the wife challenging the judgment and decree passed by the court of IV Additional Principal Judge, Family Court at Bangalore, dated 15th March 2016 in M.C.No.3584/2011 wherein the petition filed under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (for short hereinafter referred to as "the Act") by the husband was allowed.

2. Brief facts of the case that would be relevant for the purpose of disposal of this appeal are:

The marriage of the appellant-wife with the respondent-husband was solemnized on 24.03.2002 at Gurukula Kalyana Mantapa, Tiptur as per Hindu rites and customs and from the said wedlock, they have a female child, who was born on 18.06.2003. The respondent had approached the Family Court, Bangalore, seeking dissolution of the marriage contending that the appellant was demanding for setting up a separate house immediately after the marriage. It is his case that he lived with his widowed mother and a younger brother in his house and he had the responsibility to look after them and therefore, he had rejected the demand of the appellant for setting up a se