Back
HIGH COURT OF KARNATAKA
B.V.NAGARATHNA,R. NATARAJ
SRI C.C.CHALUVARAJU – Appellant
Versus
SMT K S HEMALATHA – Respondent
MFA/8021/2014
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF JANUARY, 2021
PRESENT
THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA
AND
THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY
M.F.A. NO.8021 OF 2014 (FC)
C/W
M.F.A. NO.71 OF 2015 (FC)
IN MFA No.8021/2014:
BETWEEN:
SRI. C.C.CHALUVARAJU
S/O CHINNEGOWDA,
AGED ABOUT 46 YEARS,
R/O CHEERANAKUPPE,
VILLAGE, KASABA HOBLI,
KANAKAPURA TALUK-562 117,
RAMANAGARAM DISTRICT.
… APPELLANT
(BY SRI. KRISHNA B.R., ADVOCATE)
AND:
SMT. K.S.HEMALATHA
W/O C.C.CHALUVARAJU,
D/O SRINIVASAIAH,
AGED ABOUT 40 YEARS,
RESIDING AT NO.36,
17TH ‘C’ CROSS
38TH MAIN, ROSE GARDEN,
J.P.NAGAR, 6TH PHASE,
BANGALORE-560 078.
PRESENTLY RESIDING AT
NO.444, VASANTHA NILAYA,
2
BENDRE STREET, B.M. EXTENSION,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT-562 120.
….RESPONDENT
(BY SRI.SANJEEV B.L., ADVOCATE FOR
CAVEATOR/RESPONDENT)
THIS MFA IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURTS ACT, 1984 AGAINST THE JUDGMENT AND
DECREE DATED 27.09.2014 PASSED IN MC NO.3689/2011 ON
THE
FILE
OF
THE
PRINCIPAL
JUDGE,
FAMILY
COURT,
BANGALORE,
DISMISSING
THE
PETITION
FILED
UNDER
SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955.
IN MFA NO.71/2015:
BETWEEN:
SMT. K.S.HEMALATHA
W/O C.C.CHELUVARAJU
AGED ABOUT 41 YEARS,
R/O NO.36, 17TH ‘C’ CROSS,
38TH MAIN, ROSE GARDEN,
J.P.NAGAR, 6TH PHASE,
BANGALORE;
PRESENTLY RESIDING AT
NO.44, VASANTHA NILAYA,
B.M.EXTENSION,
KANAKAPURA,
RAMANAGAR DISTRICT-562 117.
… APPELLANT
(BY SRI. SANJEEV B.L., ADVOCATE)
AND:
SRI. C.C.CHALUVARAJU
S/O CHINNEGOWDA,
AGED ABOUT 47 YEARS,
R/O CHEERANAKUPPE VILLAGE
KASABA HOBLI,
KANAKAPURA HOBLI-562 117
RAMANAGARAM DISTRICT.
….RESPONDENT
(BY SRI. B.R. KRISHNA, ADVOCATE)
3
THIS MFA IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURTS ACT, 1984 AGAINST THE JUDGMENT AND
DECREE DATED 27.09.2014 PASSED IN M.C NO.3689/2011 ON
THE
FILE
OF
THE
PRINCIPAL
JUDGE,
FAMILY
COURT,
BANGALORE,
DISMISSING
THE
PETITION
FILED
UNDER
SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955 FOR
DISSOLUTION OF MARRIAGE.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
NATARAJ RANGASWAMY J., DELIVERED THE FOLLOWING:
JUDGMENT
Though MFA No.8021/2014 is listed today for Orders
regarding non-compliance of objections on an interlocutory
application, as the records of the Trial Court are received,
it is taken up along with the connected appeal - MFA
No.71/2015 for final disposal, with the consent of the
learned counsel for the parties.
2.
MFA No.8021/2014 is filed challenging the
Judgment and Decree dated 27.09.2014 passed by
Principal Judge, Family Court, Bangalore in M.C.No.3689/
2011 by which, a petition filed by the appellant for divorce
was dismissed.
3.
MFA
No.71/2015
is
filed
by
the
wife
challenging the quantum of maintenance awarded by
Principal
Judge,
Family
Court,
Bangalore
in
M.C.No.3689/2011.
4
4.
The parties shall henceforth be referred to as
appellant-husband and respondent-wife respectively.
5.
The appellant-husband filed a petition for
divorce under Section 13(1)(ia) of the Hindu Marriage Act,
1955 (hereinafter referred to as the ‘Act’ for short) alleging
cruelty by the respondent-wife. The facts pleaded by the
husband in his petition before the Trial Court are, he had
married
the
respondent-wife
on
21.05.1998
at
Sri
Chamundeswari
Kalyana
Mantapa,
Kanakapura.
He
claimed that she was not cordial towards him and his
family members and was reluctant to perform her duties
as a wife and had no respect for him and his family
members. He claimed that despite her behaviour, he
continued to show love and affection towards her, but yet
she did not alter her behaviour. She started demanding
the petitioner to set up an independent accommodation at
Bangalore.
Accordingly,
he
established
a
home
at
Bangalore and
