Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 3675 (KAR)

SMT SNEHARANI S VADEYAR W/O VENKATESH K.O. v. VENKATESH K.O. S/O ONKARAPPA

MFA/100641/2024 · 2025-02-21

B M Shyam Prasad, Ramachandra D Huddar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:3595-DB MFA No. 100641 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 100641 OF 2024 (MC) BETWEEN: SMT. SNEHARANI S. VADEYAR W/O VENKATESH K.O AGE. 34 YEARS, OCC. OFFICE ASSISTANT (KVGB), R/O. INGALHALLI VILLAGE, TQ. HUBBALLI, DIST. DHARWAD-581209. …APPELLANT (BY SRI. R.H. ANGADI, ADVOCATE) AND: VENKATESH K.O., S/O OMKARAPPA AGE. 34 YEARS, OCC. OFFICE ASSISTANT (KVGB), R/O. SANKALAPURA VILLAGE, TQ. SHIKARIPUR, DIST. SHIMOGA-577427. …RESPONDENT (BY SRI. SANTOSH D. NARAGUND, ADV. FOR RESPONDENT; SRI. GIRISH S. HULMANI, AMICUS CURIAE SRI. CHETAN MUNNOLI, ADVOCATE FOR SRI. L.V. MANAWADE, AMICUS CURIAE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT 1984, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT IN MC NO.50/2023 DATED 01.02.2024 BY THE PRINCIPAL JUDGE FAMILY COURT HUBBALLI AND CONSEQUENTLY DISMISS THE PETITION FILED BY THE RESPONDENT HEREIN UNDER SECTION 13(1) (i-a) AND (i-b) BY ALLOWING THE PRESENT APPEAL TO MEET THE ENDS OF JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3595-DB MFA No. 100641 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is as against the judgment and decree dated 01.02.2024 in M.C. No.50/2023 on the file of the Principal Judge and Family Court, Hubballi [for short, ‘the Family Court’]. The Family Court at the instance of the respondent has dissolved the marriage solemnized between the appellant and the respondent on 22.06.2017 under Sections 13(1) (i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955. 2. When this appeal was listed on 06.02.2025, Sri. R.H. Angadi and Sri. Santosh B. Naragund, the learned counsels for the appellant and the respondent, submitted that there could be rapprochement if this Court can interact. This Court has interacted with both the appellant and the respondent on 07.02.2025. The appellant and the respondent not only stated that they would be keen to resume their marital life but also requested for due consideration of the request for posting places that could be - 3 - NC: 2025:KHC-D:3595-DB MFA No. 100641 of 2024 proximate to each others’ common residence and if there are orders in this regard, the disruptive factor could be addressed. They also state that they are employed with different Regional Rural Banks. 3. Sri. Girish S. Hulmani, the learned Member of the Bar, a standing counsel for Karnataka Vikas Grameen Bank [one of the Regional Rural Banks] with whom the appellant is working is appointed as Amicus Curiae. Later, Sri. L.V. Manawade, a learned counsel for the Karnataka Grameena Bank [the other Regional Rural Bank, with whom the respondent is in employment] is appointed as Amicus Curiae. Sri. L.V.Manawade is assisted by Sri. Chetan M. Munnolli, one of his colleagues. With this turn of events, this Court must bring on record that both the appellant and the respondent, who have a son aged 8 years between them, have restarted their marital life, a fact which they acknowledge even today. 4. The learned Amicus Curiae for both the Banks, whose efforts must be placed on record as it has - 4 - NC: 2025:KHC-D:3595-DB MFA No. 100641 of 2024 played a vital role in restoring the family and sub-serving the interest of a minor, state on record that both the appellant and the respondent will be accommodated at places which are closer to the common residence by 15.03.2025 and that the appellant and the respondent could continue in the same position or seek for further arrangement on spousal grounds if the Rural Banks are merged as is now scheduled. The learned Amicus Curiae also submits that the appellant will be posted accordingly at Thippaikoppa Branch of Karnataka Vikas Grameen Bank and the respondent will be posted at Shiralakoppa, Karnataka Grameen Bank and orders will be issued at the earliest with both of them filing a certified copy of this order. The appellant and the respondent accept this offer. In the light of these circumstances, the following: ORDER The appeal is allowed and the impugned judgment dated 01.02.2024 in M.C. No.50/2023 is set aside and the Chief Manager, Human Resource Wing, Staff Selection, Karnataka Grameena Bank, Head Office, Ballari is directed - 5 - NC: 2025:KHC-D:3595-DB MFA No. 100641 of 2024 to post the respondent at Shiralakoppa Branch and the Chief Manager, Personal and Human Resources Development Department, Karnataka Vikasa Grameena Bank, Head Office, Dharwad is directed to post the appellant at Thippaikoppa Branch and issue orders in this regard by 15.03.2025. The appellant and the respondent are reserved with liberty to file a certified copy of this order with the concerned for just orders. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 24