The Hindu : Karnataka News : HC grants divorce to harassed wife High Court Round-Up

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Friday, Nov 23, 2007
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Karnataka

Karnataka

HC grants divorce to harassed wife High Court Round-Up

Staff Reporter

BANGALORE: In an unusual case, the Karnataka High Court on Thursday set aside an order of a lower court of Chitradurga which had dismissed a divorce petition by a panchayat employee. The court not only allowed the petition by the employee but also granted her divorce on the grounds of cruelty and harassment by her husband. In her petition, L.M. Nagaratnamma, a resident of Chitradurga, said she had married Basavaraj Gondabal in June 1981. She said though she got a job as a daily wage worker in the taluk panchayat office in Chitradurga, her unemployed husband took to alcohol and gambling.

She said when she did not bear a child, her husband “forced” her to permit him to marry again. After his second marriage, he began abusing and harassing her. After his second wife gave birth, his behaviour towards Nagaratnamma became worse.

Nagaratnamma said she then filed a petition for divorce before the 1st Additional Civil Judge (Senior Division), Chitradurga. He husband, however, opposed the petition, saying that Nagaratnamma herself had compelled him to marry a second time. He said Nagaratnamma believed that she would beget a child if her husband married another woman.

The Chitradurga court had dismissed the divorce petition, saying that both the wives are living under the same roof and that Gondabal had remarried at the insistence of Nagaratnamma. She then filed an appeal in the High Court against the lower court order. A Division Bench comprising Justice Manjula Chellur and Justice A.S. Bopanna allowed Nagratnamma’s petition and granted her divorce.

Adjourned

An employee of Bharat Sanchar Nigam Limited (BSNL), in Hassan, who was compulsorily retired from service for having married twice has moved the High Court seeking reinstatement.

The petitioner, D.P. Manje Gowda, a telecom mechanic at Nuggenahalli, coming in C.R. Patna, Hassan, submitted that he had married the younger sister of his first wife as he wanted a male child.

He admitted to having not informed the authorities of his second marriage. He said the Disciplinary Committee had issued a charge memo on May 16, 2001 asking why action should not be taken against him for violating Rule 21 of the CCS (Conduct) Rules, 1964.

The petitioner said he had replied to the memo and also participated in the disciplinary proceedings initiated against him. On August 8, 2003, he was compulsorily retired from service.

Challenging this action before the High Court, he said BSNL should not have initiated action against him. He urged the court to set aside his retirement. Justice N.K. Patil adjourned further hearing on the case.

Admitted

A Division Bench comprising Chief Justice Cyriac Joseph and Justice Ashok B. Hinchigeri on Thursday admitted a public interest litigation (PIL) petition by B. Krishna Bhat, a resident of Bangalore. In his petition, Mr. Bhat urged the court to direct the State and the Bruhut Bangalore Mahanagara Palike (BBMP) to ensure that no unauthorised banners, posters, hoardings and line photos are displayed in Bangalore.

He said that the vulgar and unrestrained display of banners, buntings, posters and hoardings would mar the beauty of the city, apart from causing hardship to motorists. He said such hoardings were never removed even after the event was completed. He said though the BBMP is responsible for keeping the city clean, it had not taken any steps to curb the menace.

the case.

Allowed

Justice Mohan Shantangouder on Thursday allowed a petition by an engineering student and directed Visveswaraiah Technological University (VTU) to give her the benefit of 36 marks. The student, Rashmi Fransisca Lobo, said she had appeared for the 8th semester examination in July 2007 and was declared failed in two subjects — operations research and management and satellite communication. She said she had applied for revaluation. The VTU declared her passed in operations research but said she had failed in satellite communication. She said several questions in that paper was out of syllabus and VTU had decided to award 36 marks to students who had attempted these questions.

Justice Mohan Shannagorder allowed her petition and directed the VTU to give Rashmi the benefit it had extended to other students.

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