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NC: 2023:KHC-K:5207-DB
MFA No. 200839 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
MISC. FIRST APPEAL NO. 200839 OF 2022 (FC)
BETWEEN:
1.
MRS. AISHWARAYA W/O SANTOSHKUMAR
D/O BASAVARAJ PASARI,
AGE 31 YEARS OCC: PRIVATE JOB NOW NIL
R/O NAUBAD BIDAR,
NOW AT H.NO.2-2-152 SUBHASH GUNJ
ZAHEERABAD TOWN - 502220.
SANGAREDDY (TELANGANA)
...APPELLANT
(BY SRI. JAIRAJ K BUKKA., ADVOCATE)
AND:
1.
MR. SANTOSHKUMAR S/O SIDRAMAPPA YERNALLY
AGE. 39 YEARS, OCC.MEDICAL PRACTITIONER
R/O H.NO.19-5-45, MADHAVNAGAR NAUBAD
BIDAR-585401.
…RESPONDENT
(BY SRI. RUDRESH H.B., ADVOCATE)
THIS MFA FILED U/S 19(1) OF FAMILY COURT ACT,
PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND
DECREE PASSED BY THE HON'BLE PRL FAMILY COURT AT
BIDAR IN MC NO.170/2020 DATED 27.01.2022 AND THEREBY
Digitally signed by
SACHIN
Location: HIGH
COURT OF
KARNATAKA
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NC: 2023:KHC-K:5207-DB
MFA No. 200839 of 2022
RESTORE THE MARRIAGE OF APPELLANT AND RESPONDENT
WHICH IS SOLEMNIZED ON DATED 11.04.2018, IN THE
INTEREST OF JUSTICE.
THIS MFA HAVING BEEN HEARD, RESERVED FOR
JUDGMENT, THIS DAY, RAMACHANDRA D. HUDDAR J.,
PRONOUNCED THE FOLLOWING JUDGMENT THROUGH VIDEO
CONFERENCE:
The appellant-wife has filed this appeal under Sec.
19(1)
of
Family
Courts
Act
being
aggrieved
and
dissatisfied by the judgment and decree passed in MC No.
170/2020 dated 27.01.2022 by the Prl. Family Judge,
Bidar decreeing the petition filed by respondent-husband
under Sec.13(1) (ia) of Hindu Marriage Act, 1955
dissolving their marriage solemnized on 11.04.2018
between petitioner and respondent.
2. Parties to this appeal are referred as per their rank
before the Family Court.
3. The brief facts so stated by the petitioner in the
petition are as under:
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That petitioner and respondent are legally wedded
husband and wife. Their marriage was performed on
11.04.2018
at
Shetkar
Function
Hall,
Zahirabad,
Telangana State as per rites, rituals and customs
prevailing in their community. It is alleged that, no
children are born out of their wedlock. After marriage,
both were residing at Bidar. The respondent stayed in the
house of the petitioner for seven days to perform the
marriage
rituals.
There
was
no
co-habitation
or
performance of any conjugal rights during that period.
After seven days, she went back to her parental house.
Thereafter, till 24.6.2018, she visited the house of the
petitioner for 3 to 4 times and used to stay for one night
only on each of her visit. It is alleged that, on 23.6.2018,
being her fourth visit to the house of the petitioner, she
demanded the petitioner to be separated from his parents
and join at Bengaluru with her where he was working.
Prior to that, she had promised the petitioner to give up
her job at Hyderabad and join with him at Bengaluru. She
exhibited
herself
as
belonging
to
rich
family
and
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condemned the family status of the petitioner. She had
concealed the fact of her short sightedness and unable to
see even the objects kept at a distance of 4 to 5 ft.
Ultimately she deserted the petitioner on 24.6.2018 and
went away to her parents house. She used to insult him,
behave rudely with him and also insulted his parents.
4. Though the meetings of reconciliation were
conducted but, she was reluctant to join the petitioner to
lead happy marital life. Even the petitioner came to know
that the respondent was suffering from incurable disease
by name `Nystagmus + /High Myopic'. To cure the said
disease, she refused to undergo medical treatment though
the petitioner had deposited the necessary fees for MRI
scan etc.. She demanded Rs.30 lakhs from the petitioner
in a counseling held at Town Police Station, Bidar and
defamed him and canvassed through audio calls to her
friends, officials of the petitioner, colleagues and relatives
making
false
allegations
against
him
alleging
that
petitioner is impotent. Though she knew that petitioner
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was a potent man, she intentionally made such allegations
before her friends and relatives to defame his image. She
also filed a false dowry case against the petitioner.
5. It is alleged that, he issued a notice dated
01.02.2019 to the respondent but, she has not responded
for the same. She, as uncultured girl, used to dance in a
pub/bar pretending that it is her lifestyle. She did not like
cultured or orthodox family and threatened petitioner that
she would commit suicide falsely implicating him giving
reason for her death. There is no consummation of
marriage. Thus, it is contended that, there is no possibility
of leading marital life with respondent and thus petitioner-
husband prayed to grant decree of divorce of their
marriage.
6. Before the Family Court, pursuant to the notice,
respondent has appeared and resisted the petition by filing
detailed objections denying entire assertions made in the
petition. According to her, petitioner is a habitual cheater
of many women and girls. He is voiced to have illegal
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game and committed fraud on her with his criminal hands.
He demanded lakhs of rupees from her parents for dowry
and other valuables like furniture, electronic items, cloths,
kitchen items. Even he demanded to bear the marriage
a
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