1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 12035 OF 2018

(@ SPECIAL LEAVE PETITION (CIVIL) NO. 34751 OF 2016)

DR. GEETHA ...APPELLANT(S)

VERSUS

DR. MAHANTESH PATIL ...RESPONDENT(S)

O R D E R

Leave granted.

2.

This appeal is against a judgment and order dated

16.09.2016 passed by the Kalaburagi Bench of the High Court of

Karnataka dismissing the appeal being MFA No. 200536 of 2015

(FC) filed by the appellant and confirming the decree of

divorce granted by the learned Family Court at Gulbarga on the

ground of cruelty in the matrimonial suit under Section 13(1)

(a) being M.C. No. 47/2013 filed by the respondent against the

appellant.

3.

The marriage between the appellant and the respondent

was solemnized on 25.12.2005 and they have a daughter from the

wedlock who has been under the care and custody of the

appellant since her birth. The respondent had filed the

divorce petition on the ground of cruelty and desertion by the

appellant. Vide judgment dated 21.02.2015, the Family Court

allowed the divorce pe