IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH 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.2863/2021 (GW)

BETWEEN:

SMT. ANUPAMA V. NADAGOUDA,

W/O OF VIJAYA MAHANTESH MULEMANE,

D/O SRI VENKATRAO NADAGOUDA,

AGED ABOUT 37 YEARS,

R/A NO.B-5, JAYA MAHAL EXTENSION,

BENGALURU-46.

PRESENTLY R/A

NO.13/56, 'PADMASIRI',

5^TH MAIN, 4^TH CROSS,

RMV 2^ND STAGE,

BOOPASANDRA,

BENGALURU-560094.

...APPELLANT

(BY SRI KIRAN V RON, ADVOCATE FOR

MS. SUKRUTA R., ADVOCATE)

AND:

SRI. VIJAYA MAHANTESH MULEMANE,

S/O MULEMANE MALLIKARJUNA GOWDA,

AGED ABOUT 43 YEARS,

R

2

R/A HATCHOLLI,

SIRAGUPPA, BALLARY-538441.

…RESPONDENT

(BY SRI MAHESH, ADVOCATE FOR CAVEATOR/RESPONDENT)

….

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 47(a) OF THE GUARDIAN AND WARDS ACT AGAINST THE

IMPUGNED ORDER DATED 04.02.2021 PASSED ON I.A.NO.V IN G

AND WC NO.337/2018 BY THE I ADDITIONAL PRINCIPAL FAMILY

JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE I.A.NO.5

FILED UNDER ORDER 7 RULE 11 OF CPC.

THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR

ADMISSION

THIS

DAY,

B.VEERAPPA

J.,

DELIVERED

THE

FOLLOWING:

J U D G M E N T

The present miscellaneous first appeal is filed by the wife

against the impugned order dated 4.2.2021 passed in G & WC

No.337/2018 by the learned I Additional Principal Family, Bengaluru

allowing I.A.5 filed under Order VII Rule 11 of the Code of Civil

Procedure (for short, hereinafter referred to as the 'CPC) and

consequently, rejecting the petition filed by the wife on the ground

of jurisdiction and cause of action in view of the provisions of

Section 9 of the Guardians and Wards Act, 1890.

2. It is the case of the appellant that while filing petition

under the provisions of Sections 7, 10 and 17 of the Guardians and

3

Wards Act, 1890 that her marriage with the respondent was

solemnized on 30.11.2008 in Sindanur of Raichur District,

Karnataka State in accordance with the Hindu Rites and Customs

Ceremony. After living in Bellary for about few days, both of them

shifted to Canada and as they had many differences and were

incompatible after their marriage, the wife thought that the things

would change better after the birth of their child. Out of their

wedlock, a female child by name 'Anvita' was born on 11.2.2011.

Since the marital discord got worse, she thought that, the daily

fights and the atmosphere at home would have a negative impact

on the child, and it would deter the child's education and future

psychologically. Right from the beginning of the marriage, she was

subject to cruelty at the hands of the respondent and marital life

never

went smoothly.

On

account of

the

difference in

temperaments and attitudes, the marriage between the parties had

irretrievably broken down and there was no possibility of living

together as husband and wife.

3.

It was further contended that the husband was very

irresponsible towards leading a matrimonial life with no aims and

4

games in life and he was severely addicted to alcohol and other bad

habits. As such, he started stealing the valuable things at home

and sell them for some amount for consumption of alcohol and

other vices. The child got influenced by the behaviour of the

respondent and started to show temper and symptoms of being

insecure, whenever the respondent was around her; refused to

have food; imitate the respondent by banging her head to the wall.

In order to protect the child from being influenced by the behaviour

of the respondent, she was forced to give money out of her savings

to the respondent, so that he could spend some more time outside

home and away from the child. It is further contended that the

child had expressed to her and her sister-in-law that the respondent

used to sleep on the top of the minor child and kiss her. Hence,

on the advice of her parents, she decided to