MR. SUNIL ABRAHAM Vs. MS. REETH ABRAHAM

JUDGEMENT

(1.) The common judgment in O.S.No.220/2022 and O.S.No.137/2017, passed by II Additional Principal Judge, Family Court, Bengaluru, has given rise to these two appeals which are also disposed by a common judgment.

(2.) The parties were husband and wife till their marriage was dissolved by a decree of divorce granted by the Family Court, Bengaluru, in M.C.No.4325/2015, instituted by the wife. The suits emanated after their marriage was dissolved. The subject matter of the suits is a house property bearing No.609, 80 Feet Road, 6th Block, Koramangala, Bengaluru ('suit property' for short). For better narration of facts, the parties may be referred as husband and wife though they do not stand in that relationship now.

(3.) The husband's suit O.S.No.137/2017 is for partition of suit property, and the wife's suit O.S.No.220/2022 is for mandatory injunction for a direction to the husband to remove himself from the suit property. The undisputed facts unfold that both were national level athletes. Because they belonged to different religions, to the opposition of their respective families, they got married in the year 1983 in accordance with provisions of the Special Marriage Act. Total dimension of the suit property is 3000 sq.ft., but, site measuring 60 x 40 ft. was allotted to the wife by the Bangalore Development Authority (BDA). The allotment was made by the BDA for a consideration of Rs.30,740.00 in the year 1989. Contiguous to 60 x 40 ft. plot, there was extra land measuring 15 x 40 ft., which the wife purchased from the BDA for a consideration of Rs.28,205.00. Thus the entire suit property measures 3000 sq.ft. Thereafter a house was constructed there. As the relationship between the parties soured, their marriage ended in its dissolution, and thereafter dispute over the suit property arose.