Key Points: - The appeals challenge a common judgment dated 31.01.2018 in M.C.No.72/2016 and M.C.No.26/2017 (!) (!) . - The respondent-wife’s petition for dissolution of marriage is allowed (!) (!) . - The marriage solemnized on 10.05.2015 is dissolved by mutual consent without claims against each other (!) (!) .

What is the nature of the appeals filed by the appellant?

What is the relief sought by the respondent-wife?

What is the order regarding dissolution of marriage?

1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 16^THDAY OF MARCH 2021

PRESENT

THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD

AND

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

MISCELLANEOUS FIRST APPEAL NO.200422/2018

C/W

MISCELLANEOUS FIRST APPEAL NO.200423/2018 (FC)

IN MFA NO.200422/2018:

Between:

Ravi Chowdary Mallipudi

S/o M. Sri Hari Babu

Age: 28 Years, Occ: Business

R/o Ho.No.1-11-38/53, Basaveshwara Colony

Raichur-584 101

... Appellant

(By Sri Gurubasava Nayak, Advocate for

Sri N.Krishnacharya, Advocate)

And:

Nemani Veera Venkata Sudha Lakshmi

Saraswathi @ Sri Moukthika Mallipudi

W/o Ravi Chodary Mallipudi

D/o N.V.S. Chowdary

Age: 23 Years

Occ: Current Occupation not known

2

to the petitioner, R/o 2-25-1,100 Buildings

Centre Area, Kakinada

Kakinada (Rural)

East Godavari-533 003

Andhra Pradesh

... Respondent

(By Sri Mahantesh Patil, Advocate)

This Miscellaneous First Appeal is filed under Section

19(1) of the Family Court Act, praying to set aside the order

passed by the Principal Judge, Family Court, Raichur in

M.C.No.26/2017 dated 31.01.2018 by dismissing the

petition filed by the respondent/wife in M.C.No.26/2017 by

allowing the petition in M.C.No.72/2016 dissolving the

marriage between the petitioner and the respondent.

IN MFA NO.200423/2018:

Between:

Ravi Chowdary Mallipudi

S/o M. Sri Hari Babu

Age: 28 Years, Occ: Business

R/o Ho.No.1-11-38/53, Basaveshwara Colony

Raichur-584 101

... Appellant

(By Sri Gurubasava Nayak, Advocate for

Sri N.Krishnacharya, Advocate)

And:

Nemani Veera Venkata Sudha Lakshmi

Saraswathi @ Sri Moukthika Mallipudi

W/o Ravi Chowdary Mallipudi

D/o N.V.S. Chowdary

Age: 23 Years

Occ: Current Occupation not known

to the petitioner, R/o 2-25-1, 100 Buildings

3

Centre Area, Kakinada,

Kakinada (Rural)

East Godavari-533 003, Andhra Pradesh

... Respondent

(By Sri Mahantesh Patil, Advocate)

This Miscellaneous First Appeal is filed under Section

19(1) of the Family Court Act, praying to set aside the order

passed by the Principal Judge, Family Court, Raichur in

M.C.No.72/2016 dated 31.01.2018 by allowing the petition

filed by the appellant/petitioner in M.C.No.72/2016 under

Section 13(1)(i-a) of Hindu Marriage Act dissolving the

marriage between the petitioner and the respondent dated

10.05.2015 and consequently reject the order passed by the

Principal Judge, Family Court, Raichur in M.C.No.26/2017

by common judgment.

These appeals coming on for orders, this day,

B.M.Shyam Prasad, J., delivered the following:

JUDGMENT

The appeals are filed impugning the common

judgment dated 31.01.2018 in MC No. 72/2016 and MC

No.26/2017 on the file of the Principal Judge, Family

Court, Raichur (for short, ‘the Family Court’). These are

cross

petitions

between

the

appellant

and

the

respondent

for

dissolution

of

marriage

and

for

restitution of conjugal rights. The petition filed by the

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respondent – wife is allowed, and the petition by the

appellant – husband is dismissed.

2.

These appeals are listed for orders on a joint

compromise petition dated 01.02.2021 filed by the

parties herein under Order XXIII Rule 3 r/w Section 151

of the Code of Civil Procedure. The appellant and the

respondent are present and they are identified by their

respective

learned

counsels.

The

appellant

and

respondent reiterate the statements made in the joint

compromise petition 01.02.2021 and the terms of the

award dated 23.01.2021 under Section 21 of the Legal

Services Authorities Act, 1987 in the proceedings

between them in M.C.No.54/2016 on the file of the II

Addl. Judicial First Class Magistrate, Kakinada (AP).

3.

The learned counsels for the parties also

seek permission

to

file another

joint

memo

in

continuation of the joint compromise petition filed on

01.02.2021 stating that the parties’ request for

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dissolution of the marriage solemnized between the