IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF JANUARY, 2021

PRESENT

THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA

AND

THE HON’BLE MRS. JUSTICE M. G. UMA

MISCELLANEOUS FIRST APPEAL No.6563 OF 2018 (FC)

CONNECTED WITH

MISCELLANEOUS FIRST APPEAL No.7501 OF 2018 (FC)

IN M.F.A. No.6563/2018:

BETWEEN:

LEO JOHN

S/O. S.J. PETER,

AGED ABOUT 35 YEARS,

RESIDING AT NO.163,

VILLIANOOR ROAD,

REDDIARPALAYAM,

PUDUCHERRY – 605 010.

... APPELLANT

(BY SRI NANDISH PATIL, ADVOCATE)

AND:

SMT. EUGENIA PREETHI

D/O. LOUIS R. DOMINIC,

AGED ABOUT 33 YEARS,

RESIDENT AT (F-102), 61,

NISHANT DEEP APARTMENTS,

RAMAKRISHNAPPA ROAD,

COX TOWN, BENGALURU – 560 005.

... RESPONDENT

(BY SRI A. RAM MOHAN, ADVOCATE)

R

2

IN M.F.A. No.7501/2018:

BETWEEN:

SMT. EUGENIA PREETHI

AGED ABOUT 33 YEARS,

D/O. LOUIS R. DOMINIC,

RESIDING AT NISHANT DEEP APTS (F-102),

61, RAMAKRISHNAPPA ROAD,

COX TOWN,

BENGALURU – 560 005.

... APPELLANT

(BY SRI A. RAM MOHAN, ADVOCATE)

AND:

SRI LEO JOHN

AGED ABOUT 36 YEARS,

S/O. S.J. PETER,

RESIDING AT NO.163,

VILLIANOOR ROAD,

REDDIARPALAYAM,

PUDUCHERRY – 605 010.

... RESPONDENT

(BY SRI NANDISH PATIL, ADVOCATE)

* * *

THESE MISCELLANEOUS FIRST APPEALS ARE FILED

UNDER SECTION 39 OF THE SPECIAL MARRIAGE ACT, 1954,

AGAINST THE JUDGMENT AND DECREE DATED 5-7-2018

PASSED IN M.C. NO.3116 OF 2011 ON THE FILE OF THE IV

ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU,

DISMISSING THE PETITION FILED UNDER SECTION 27(1)(e)

AND (d) READ WITH SECTION 37 OF THE SPECIAL MARRIAGE

ACT.

THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR

ADMISSION, THIS DAY, NAGARATHNA J., DELIVERED THE

FOLLOWING:

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J U D G M E N T

Though these appeals are listed for Admission, with

the consent of learned counsel on both sides, they are

heard finally.

2.

M.F.A. No.6563 of 2018 has been filed by the

husband while M.F.A. No.7501 of 2018 has been filed by

the wife, both assailing the judgment and decree passed in

M.C. No.3116 of 2011 dated 5-7-2018 by the IV Additional

Principal Judge, Family Court, Bengaluru.

3.

At this stage itself, it may be stated that the

petition filed by the wife under Section 27(1)(e) and (d)

read with Section 37 of the Special Marriage Act, 1954,

(hereinafter referred to as ‘the Special Marriage Act’) as

well the counter claim filed by the husband under Section

35 of the Special Marriage Act were both dismissed by the

Family Court. Being aggrieved, the husband and wife are

in appeal before this Court.

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4.

We also state that the reason for dismissal of

the petition filed by the wife as well as the counter claim

filed by the husband before the Family Court was on the

premise that the Special Marriage Act did not apply to the

parties. Therefore, an interesting question arises in these

appeals, namely, as to the law that is applicable to the

parties so as to seek divorce and permanent alimony.

5.

Briefly stated the facts are, the parties herein

got married under registration dated 19-10-2009 before

the Registrar of Marriages, Mairie d’Oulgaret, Jawahar

Nagar, Puducherry (Pondicherry)-605 010. It is also to be

noted

that,

the

parties

thereafter

registered

their

marriage−which was also solemnised at St. Andrew’s

Church, Reddiarpalayam at Puducherry which took place

on

19-10-2009−before

the

Registrar

of

Marriages,

Puducherry-605 010 on 21-10-2009. The said marriage

was as per Christian rites and customs. It is stated that,

the wife was living in Bengaluru since June 2003. She

studied law at Bengaluru and enrolled as an Advocate in

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Karnataka Bar Council, Bengaluru, on 3-4-2009. After

marriage, the couple lived in Puducherry for a few months.

There were certain differences between the parties and

hence, the wife filed the petition under the provisions of

the Special Marriage Act seeking divorce in M.C. No.3116

o