Court confirms interim maintenance for wife and child amidst allegations of husband's extramarital affair.
In a significant judgment, the Karnataka High Court has upheld the decision of the Family Court, dismissing the divorce petition filed by M.H. Manjunath against his wife, N.V. Parvathi @ Hamsaveni. The judgment reaffirms the Family Court's findings, which highlighted the husband's alleged extramarital relationship as a reasonable cause for the wife's separation.
The case, Miscellaneous First Appeal No. 5567 of 2024, was heard by Justices Jayant Banerji and T.M. Nadaf. Manjunath had sought divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, citing cruelty and desertion by his wife. However, the Family Court had dismissed these claims, emphasizing evidence of Manjunath's relationship with another woman, which justified Parvathi's decision to live apart.
During the proceedings, the Family Court scrutinized photographic evidence showing Manjunath with Sowmya and a child named Dhanwin Gowda, alleged to be born from this relationship. Despite Manjunath's denial and legal actions against the dissemination of these photographs, the court found the evidence compelling, thereby dismissing the petition based on cruelty and desertion claims.
Furthermore, the High Court addressed a connected writ petition challenging the interim maintenance of Rs. 20,000 per month awarded to Parvathi and their child, Arjun Gowda. Manjunath's financial status, including ownership of a luxury car, was considered, leading the court to uphold the maintenance amount as reasonable.
The court's decision aligns with previous judgments, asserting that separation due to the petitioner's conduct does not constitute an irretrievable breakdown of marriage. The judgment also emphasizes that rewarding a divorce in such circumstances would be contrary to the principles of justice.
Legal representatives included Sri. I. Tharanath Poojary, Senior Counsel for Manjunath, and Sri. Ramakrishnaiah C., Advocate for Parvathi. Despite arguments citing prolonged separation and irretrievable breakdown, the court found no merit in Manjunath's appeal, confirming that the wife's separation was justified.
This ruling underscores the judiciary's stance on marital discord arising from extramarital affairs, reinforcing the protection of spouses living apart due to such circumstances. The decision also ensures financial support for the affected spouse and child, with the court directing prompt resolution of pending maintenance matters.
Bottom line:-
Divorce and interim maintenance - Husband's petition for divorce on grounds of cruelty and desertion dismissed - Evidence of husband's alleged relationship with another woman and child considered as reasonable cause for wife's separation - Husband directed to pay interim maintenance of Rs. 20,000/- per month to wife and child - No exception to Family Court's decision dismissing divorce petition and granting interim maintenance.
Statutory provision(s): Hindu Marriage Act, 1955 Section 13(1)(ia) and (ib), Family Courts Act, 1984 Section 19(1)
M.H. Manjunath v. N.V. Parvathi @ Hamsaveni, (Karnataka)(DB) : Law Finder Doc id # 2941900
