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2023 Supreme(Online)(KAR) 8695

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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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