Kalaling S/O Ishwarappa Hugar vs Smt. Jyothi W/O Kalkaling Hugar on 5 November, 2013

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Karnataka High Court

Kalaling S/O Ishwarappa Hugar vs Smt. Jyothi W/O Kalkaling Hugar on 5 November, 2013

Bench: Ram Mohan Reddy

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                                      MFA No.30420/2013




       IN THE HIGH COURT OF KARNATAKA
                GULBARGA BENCH

   DATED THIS THE 5TH DAY OF NOVEMBER, 2013

                      PRESENT

  THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

                         AND

THE HON'BLE MR.JUSTICE K.N. KESHAVANARAYANA

 MISCELLANEOUS FIRST APPEAL No.30420/2013 (FC)

BETWEEN:

Kalaling
S/o Ishwarappa Hugar,
Age: 48 years,
Occ: Agriculture & Employee in
BESCOM, Hebbal, Bangalore,
R/o Nelogi, Tq. Jewargi,
Dist: Gulbarga.

                                           ... Appellant
(By Sri.Sharanabasappa K.Babshetty, Advocate)

AND:

Jyothi
W/o Kalaling Hugar,
Age: 26 years,
Occ: Nil, R/o H.No.4-133,
Maktampur, Gulbarga-585101.
                                          ... Respondent
(By Sri Sachin M.Mahajan, Advocate)
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                                       MFA No.30420/2013




      This Miscellaneous First filed is filed under
Section 19 (1) of the Family Court Act against the
judgment and decree dated 05.02.2013 on the file of the
District Judge, Family Court, Gulbarga in MC
No.54/2012 wherein dismissed the petition under
Section 13(1) (ib) of Hindu Marriage Act 1955.

    This appeal coming on for admission this day,
Ram Mohan Reddy J., delivered the following:

                        JUDGMENT

Appellant having taken in marriage the respondent during the year 2010 in accordance with the Hindu Marriage Rights, alleged that the respondent had illicit relationship with her brothers (incest) resulting in allegation of cruelty, the cause for instituting MC No.54/2012 by the respondent-wife before the District Judge, Family Court, Gulbarga for dissolution of the marriage. The District Judge, Family Court by order dated 5th February, 2013 allowed the petition, dissolving the marriage and directed drawing up of decree. Hence, this appeal.

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MFA No.30420/2013

2. Having heard the learned counsel for the appellant, perused the pleadings and examined the judgment impugned, undoubtedly the appellant having made untenable allegations that the respondent-wife had illicit relationship with her blood brothers, cannot but be characterized as cruelty. The making of such false, frivolous and unsubstantiated allegations against the wife, it is needless to state that the Family Court was fully justified in entitling the wife to a divorce.

3. Appeal devoid of merit is rejected.

Sd/-

JUDGE Sd/-

JUDGE swk

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