IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 03^RD DAY OF DECEMBER, 2021

PRESENT

THE HON'BLE MR. JUSTICE B. VEERAPPA

AND

THE HON’BLE Mrs. JUSTICE K.S. HEMALEKHA

MISCELLANEOUS FIRST APPEAL No.8965/2011 (SMA)

BETWEEN:

R KUBENDRAPPA

S/O K RUDRAPPA

(PARTY-IN-KPERSON)

B.A GRADUATE, (ARTS)

AGED ABOUT 54 YEARS

R/AT DUMMY (AT AND POST)

KOLALKERE TALUK

CHITRADURGA DISTRICT.

...APPELLANT

(BY SMT. SARASWATHI, ADVOCATE)

AND:

G.R SHASHIKALA

D/O G RUDRAPPA

AGED ABOUT 51 YEARS

B.A GRADUATE (PSYCHOLOGY)

R/AT SIRIGERE (AT AND POST)

OPP. BOYS PRIMARY SCHOOL

CHITRADURGA TALUK AND DISTRICT.

…RESPONDENT

(BY SRI B.K.S SANJAY, ADVOCATE)

****

THIS

MISCELLANEOUS

FIRST

APPEAL

IS

FILED

UNDER

SECTION 39(1) OF THE JUDGMENT AND DECREE DATED 30.06.2011

PASSED IN M.C NO.40/2009 ON THE FILE OF II ADDITIONAL SENIOR

2

CIVIL JUDGE. CHITRADURGA, DISMISSING THE PETITION FILED

UNDER SECTION 25(I) (III) OF SPECIAL MARRIAGE ACT FOR DECREE

OF NULLITY.

THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR

HEARING

THIS

DAY,

K.S.HEMALEKHA

J.,

DELIVERED

THE

FOLLOWING:

J U D G M E N T

The present Miscellaneous First Appeal is filed under

Section 39(1) of the Special Marriage Act, 1954, assailing

the judgment and decree dated 30.06.2011 passed in

M.C.No.40/2009 on the file of the II Additional Senior Civil

Judge, Chitradurga, dismissing the petition filed by the

appellant/husband under Section 25(i) and (iii) of the

Special Marriage Act, 1954.

2.

The appellant/husband (hereinafter referred to

as “husband” and respondent/wife would be referred to as

“wife” for the sake of brevity).

3.

The husband filed a petition under Section

25(i) and (iii) of the Special Marriage Act, 1954

(hereinafter referred to as “the Act” for short), to annul the

marriage solemnized on 06.08.1997, by a decree of nullity.

3

The husband pleaded that on 15.12.1985, the marriage

was performed at Chitradurga as per the rites and customs

prevailing in their community. After the marriage, they

were living together as husband and wife at Bengaluru and

out of the wedlock, they have three children, two male and

one female. However, due to total incapability and serious

illness of the wife, as she could not perform her marital

obligations with the husband, on the advise of elders, they

filed mutual consent petition for divorce under Section 13B

of the Hindu Marriage Act, 1955 before the Family Court,

Bengaluru, in M.C.No.488/1994 which came to be allowed

by the judgment and decree dated 20.02.1995. It was

further contended by the husband that on 28.01.1996, the

wife along with other persons forced him to tie tali to the

neck of his own sister's daughter-Latha. However, the said

marriage between the husband and Latha did not last for

long and that too ended up in divorce.

4.

It was further contended that on 06.08.1997,

the brother and sister's husband of the wife by putting

4

threat to the life of the husband performed his marriage

with

the wife again at the Sub-Registrar's office,

Basavanagudi, Bengaluru. In this regard, the husband

lodged a complaint with the Kumaraswamy Layout Police

Station. Though mutual consent divorce was passed

between the husband and wife, due to life threat which

was put on husband, he was forced to marry the wife

again. It was alleged that, on 26.06.2002, the wife along

with her brother assaulted the husband with deadly

weapons and caused grievous injuries and thus, the

husband

lodged

private

complaints

with

the

Bharamasagara Police Station in C.C.No.775/2002 and

C.C.No.678/2006 and they are pending for adjudication. It

was further contended that since last 15 years there is no

cohabitation and that the husband is residing in the same

house along with the wife and due to physical and mental

harassment caused by the wife, the husband filed petition

seeking nullity of marriage.

5

5.

The wife appeared and filed her objections,

specifically contendin