Damodar Raju B. K. vs Saritha - 2023 Supreme(Kar) 1345

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Kar) 1345

ALOK ARADHE, ANANT RAMANATH HEGDE
Damodar Raju B. K. – Appellant
Versus
Saritha – Respondent

Advocates Appeared:
For the Appellant:- Sri Raam Prasad B.S., Advocate.
For the Respondent:- Smt.R.Thean Moli, Advocate.

ORDER :

Mr. Anant Ramanath Hegde, J. - These two appeals under section 19(1) of the FAMILY COURTS ACT , 1984 arise from the judgment and decree dated 23.8.2016 in M.C. No.2747/2007 clubbed with M.C. No.3231/2013 on the file of V Additional Family Court at Bengaluru. In terms of the impugned judgment and decree the Family Court has dismissed the husband's petition in M.C.No.2747/2007 seeking dissolution of marriage and allowed M.C.No.3231/2013 filed by the wife seeking restitution of conjugal rights.

2. In terms of the impugned judgment and decree dated 23.8.2016, the suit in O.S.No.200/2009 filed by the wife seeking partition and separate possession was also decided by the Family Court and the suit is dismissed. The said judgment and decree dismissing the suit has attained finality.

3. The parties to the proceedings, hereinafter are referred to as husband and wife.

4. The other facts necessary for adjudication of the cases are summarized as under:

The petition in M.C.No.2747/2007 referred to above was filed by the husband seeking dissolution of marriage which was solemnised on 7.12.2005. The husband sought the dissolution on the ground of cruelty and mental disorder of the wife. Later,