IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT
DHARWAD.
DATED THIS THE 8"" DAY OF MARCH 2930 A f of
PRESENT
THE HON'BLE 1\m.JUsTTCT«; N';_K~.f'A'Fii; Co 7 A
AND % A A
TIE HON'BLE MR. JUSTICE &B;~-éI{:EENIVAéS'E"G()"\E7VDA
M.F.A. N5. A'1oA410,*2b05
C/w M.F.A5_No... :41 1{;~9o5T{§c}
In M.F.A. No. 1410/:>;oo';4;'A . . T
Between: ____ H
Sri Basavarajis/o --.D"argéppaA 4Kufida'rgi,' '
Aged 40 years;r/o'-Dharwad; »
At present : Ranebezixiur A ._ 7
~ 'A " C' -- Appellant
(bysri Hanigmerxthappa Ch.ik.kana}, Mailappa K and
T:'himinaTaya. Afiivocates)
and
A Sujafha wzio. Béeavaraj,
. .. _jAged~ about 34.')/ears,
_ Nefimnagar, behind Patel Saw Mill,
A? .o A 'Ta1--uk-5 Sits
Kittoor & Associates)
- Respondent
AA»-
This appeal is filed u/S 28(1) of the Hindu Marriage Act-against
the judgment and Decree dated 15.12.2004 passed in
38/2000 on the file of the Add}. Civil Judge (Sr. Dn.),WRanieb'emur,
rejecting the petition filed by the appellant herein u/S ply»
Hindu Marriage Act, 1955 seeking decree of divorce." V _
In M.F.A. No. 1411/2005
Between:
Sri Basavaraj s/0 Durgappa Kundargi, _
Aged 40 years, r/0 Dharwad, g 5'
At present : Ranebennur 5' a _
- Appellant
(by Sri Hanumanthappa_Chikkane.,l, Mailappa K and A
Thiinmaraya. C, Adyocates)
and
Smt. Suj athag 'W/o' Biasavarnaj 5' 5'
Aged about 3-4 years; i ' '
R/at Nehrunagar, behind Patel S~a_W«l\.-Iill,
Talul<---Sirsi. * V
V. _ * - Respondent
(hy.P.V. Kittoor & Ass"ocia_t_es}
*'§"his..appea_l:'ivs:ifiled u/S 47(1) of the Guardians and Wards Act
against the judgnaentfand decree dated 15.12.2004 passed in G & W
No. 10/01 on the'fi'le.5of the Addl. Civil Judge (Sr. Dn.), Ranebennur,
"di'smissing~the application filed by the appellant herein u/S 25 of the G
_ Act I'/W~~ See. 6 of Hindu Minorities and Guardianship Act, 1956
'lseek--ingA.c:.istody of the minor child.
A Theseiappeals coming on for final hearing this day, N.K.Patil 1.,
5 'del.i\{fere_d the following:
JUDGMENT
1. These two appeals ariseiout of the judgment
15.12.2004 passed in G & W No. 10/01 onthe file:o’t”’thie’:vAid-dl’_;.Cixiil ” »
Judge (Sr. Dn.), Ranebennur.
2. This case came up for hearingion:._iv2..1vV2.200i%i,ii:hibneifappear for
the parties and case was adjourned’. matter was listed
01.03.2010 none appearfor inore opportunity
to the parties the the case is called
out neither their respective counsel
are present. not diligent to prosecute the
case. However,”in_Vthe justice we have gone through the
grounds ‘apipel_l.ant in the instant appeal and impugned
judgmentva§V*ar’d::passed by the Court below. On perusal of the
Ills»-.._sarne v\}’i1at”iemerge.s dis that the appellant has filed a petition u/S
){ia)(ib) Hindu Marriage Act contending that the appellant and
iresponcicnt are husband and wife. Their marriage was solemnized on
at Marikamba Sirsi Temple as per the customs of Hindu
/,,/«
religion. Out of their wedlock a son was born on 01.1 1.1992. He was
named as Shivashankar. The appellant is a native of Dharwaid
parents are residing at Dharwad. He was appointed
in Sericulture Department. For the last eve years’..on.;acc”o1.1_nt’oi’ his
service in Sericulture Department he want’etoi”e_stablish; ‘ho’L1se,at’=,
Ranibennur. But the respondent in
Sirsi. When the appellant went”to_ her the month
of March 1992 he made all_ back to lead
matrimonial life. with him and
insisted him her on the ground
that her parents citizens and there is no one to
look after them; consideration the appellant felt
ne.eessityV_.teg.i an app}-icati_on u/S 9 of the Hindu Marriage Act for
restitution of c,o’njugal’ rights and the same was registered in lVI.C. No.
onfltiiie Judge (Senior Division), Dharwad. After
of notice the respondent as a counter blast appeared through
i._i_tl1e_ Cot1nse.l”‘g_«and filed objections. There was conciliation took place
. ‘ibetweeni the parties, they have filed ajoint memo and the petition was
Aw
withdrawn. Thereafter the appellant was transferred to Chennagiri.
There they stayed few days leading their life happilyr..l:’f”–«_:B,tit
unfortunately in the month of June l997 the parents of
took the respondent to her matrimonial hieuse’.-« .”l’he alplpellarit’-niadep
efforts to lead matrimonial life peacefltlly tak__ingV_ care the
child but due to intervention of the parents. of could if
not workout. Therefore heluwas petition
redressing his grievances. leadhifigvpipeaceful life with’?
the appellant, lilielalpetiition u/S 125 of Cr.
P.C. seeking respondent is not ready and
willing to lead appellant. Therefore he was
constrained to llfi’-lei’ petitionlllonl around of cruelty and non cos
operationv_bjvl revspon’dent__t_oé lead peaceful marital life.
3. .said_Vrnatt.Ver’ has come up for consideration before the Trial
‘K”l’hle ‘friia’l Court after hearing both the sides and on
_l_ijeonsi.deration of oral and documentary evidence available on file
4:-rejectedl.the”p_petition holding that there is no ground made out by the
#.'”,_,,.r
petitioner, petitioner has failed to establish that respondent 13-as_>failed
to reside at Ranebennur whereas respondent has proved is
living with the appellant at Ranebennur. Being
impugned order passed by the Tfializiiéourtiv -i’_appellan_t
respondent respectively felt necessity to fileiitheiinstant’appeals. i
4. We have gone through the groundsi._:”rged._ in theiappeal filed by
appellant. After perusal of order passed
by the learned Additional’y’_’Civi_l Judge (‘Senior.Di.Krision), Ranebennur,
we do not find any liessfany material irregularity as
such committed.i ” ‘ _-tal(en into consideration and
specifically at”one_st’ag_e’ “appellant and respondent have
compromised. the matter.’ But unfortunately due to the transfer of
appeliliant Cli’icl1llag_iVrl the respondent ‘stayed with him few months.
Again”she’.ii.as”‘gone parental house. Taking all these facts into
coinsideration assigning cogent and valid reasons has rejected the
4. petition.’ ‘=T_he reasons given for rejecting the petition is just and
iii’-i”_reasonab§lei. it We do not find any error or law in the impugned order
%,…..~
nor we do not find any grounds made by the appellant to entertain the
appeais.
5. F or the foregoing reasons the instant»Vappeaa!’s”‘a:’e.:d§,si’nissed.e_as
devoid of merits. Ordered accordingiy.
bvv G