IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 9TH DAY OF DECEMBER, 2019

PRESENT

THE HON’BLE MR. JUSTICE P.B.BAJANTHRI AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY MFA No.23709 OF 2013 (MC) C/W MFA No.101143 OF 2014

IN MFA NO.23709 OF 2013

BETWEEN

VIDYA W/O MAHADEV PATIL AGE: 26 YEARS, OCC: HOUSEHOLD WORK WORK, R/O : C/O : VITHAL PUNDALIK PATIL AT POST CHANNEWADI VILLAGE, TAL : DIST: . ... APPELLANT (BY SRI.SANJAY S , ADV.)

AND

MAHADEV S/O VITHAL PATIL AGE : 31 YEARS, OCC : ENGINEER IN BSF (WATER WING), R/O : RANKUNDAYE VILLAGE, AT POST : SANTI , TQ. & DIST. BELGAUM

NOW RESIDING AT NO.2B, LORD SINHA ROAD, KOLKATA – WEST BENGAL STATE ... RESPONDENT (BY SRI.MRUTYUNJAY TATA BANGI, ADV.)

THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURTS ACT 1984, AGAINST THE JUDGEMENT AND DECREE

2

DATED:01.08.2013, PASSED IN MATRIMONIAL CASE NO.256/2011 ON THE FILE OF THE JUDGE FAMILY COURT BELGAUM, DISMISSING THE PETITION FILED U/SEC.9 OF THE HINDU MARRIAGE ACT.

IN MFA NO.101143 OF 2014

BETWEEN

VIDYA W/O. MAHADEV PATIL AGE: 26 YEARS, OCC: HOUSEHOLD WORK R/O. C/O. VITHAL PUNDALIK PATIL, AT POST: CHANNEWADI VILLAGE, KASABA NANDGAD. TQ: KHANAPUR, DIST: BELGAUM ... APPELLANT (BY SRI.SANJAY S KATAGERI, ADV.)

AND

MAHADEV S/O. VITHAL PATIL AGE: 31 YEARS, OCC: ENGINEER IN BSF (WATER WING), R/O. RANKUNDAYE VILLAGE, AT POST: SANTI BASTWAD, TQ & DIST: BELGAUM NOW R/AT. NO.2B, LORD SINHA ROAD KOLKATA, WEST BENGAL STATE ... RESPONDENT

(BY SRI.MRUTYUNJAY TATA BANGI, ADV.)

THIS MFA IS FILED U/S. 28 OF HINDU MARRIAGE ACT, 1955, AGAINST JUDGMENT AND DECREE DTD: 25.03.2014, PASSED IN MC NO. 34/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KHANAPUR, THE PETITION FILED U/S.13(1)(1-A) OF HINDU MARRIAGE ACT, 1955 IS ALLOWED.

THESE APPEALS COMING ON FOR FINAL HEARING , THIS DAY, P.B.BAJANTHRI J., DELIVERED THE FOLLOWING:

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JUDGMENT

These two appeals were filed by the wife

Smt.Vidya. Appellant and respondent got married on

29.05.2010 in terms of Hindu customs and rights at

Nandgad village. The respondent is serving in the

Border Security Force. Whereas the appellant is a house wife. There were certain domestic issues cropped up among the parties, which has resulted in filing of petition under Section 13(1)(i-a) of the Hindu Marriage

Act,1956 by the husband and it was numbered as MC

No.34/2011. Whereas, MC No.256/2011 was filed by the appellant-wife under Section 9 of Hindu Marriage

Act, for conjugal rights.

2. On 01.08.2013, MC No.256/2011 filed under Section 9 was dismissed. Whereas, MC

No.34/2011 filed under Section 13(1)(i-a) of Hindu

Marriage Act was allowed on 25.03.2014. In this background, appellant-wife Smt.Vidya presented these

4 two appeals in the year 2013-2014. On 23.04.2014,

Interim Order was granted staying the operation of the

Judgment passed in MC No.34/2011 dated 25.03.2014 and it was in operation. Whereas, the respondent- husband violated the interim order dated 23.03.2014 while re-marrying. Similarly, the appellant-Smt.Vidya was also re-married. In this background, Judgment in

MC No.34/2011 dated 25.03.2014 is upheld.

Consequently, order passed in MC No.256/2011 dated

01.08.2013 do not survive for consideration.

3. For having violated the interim order dated

23.04.2014 of this Court in MFA No.101143/2014, by the respondent-husband, he is liable to pay cost of

Rs.10,000/- to the High Court Legal Services

Committee, High Court of Karnataka, Dharwad Bench,

Dharwad within four weeks from today.

4. In view of the later development, the present appeals stands disposed in the above terms.

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IA No.1/2013 does not survive for consideration since the main appeals are disposed off.

Sd/- JUDGE

Sd/- JUDGE

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