KARUNAKAR SHETTY Vs. SHANTA CHANDAPPA ALVA

JUDGEMENT

(1.) The present Appeal is filed challenging the Judgement dtd. 31/3/2021 passed by the Family Court No.3 at Bandra, Mumbai, in Petition No. B-79 of 2017, whereby the learned Family Court Judge dismissed the said Petition under Order 2 Rule 2 of the Code of Civil Procedure, 1908 ("the CPC"). The said Petition No. B-79 of 2017 was filed by the Appellant seeking a declaration of sole ownership of Flat No. 104, 1st Floor, 'B' wing, Ambar Lok Rachana Co-operative Housing Society Limited, Amar Nagar, Goregaon Link Road, Mulund (West), Mumbai 400 082 ("the Suit Flat"), standing in the joint name of the Appellant and the Respondent. In the alternative it was prayed for auctioning the Suit Flat and dividing the sale proceeds in equal shares between the parties, along with other ancillary reliefs.

(2.) On 15/5/1967, the marriage between the Appellant and the Respondent was solemnized as per the Hindu Vedic Rites. On 6/4/1968 and 4/4/1970 respectively, two sons were born to the Appellant and the Respondent from the said wedlock namely - Sathyapal and Dharmaraj, and in 1996-97, the Suit Flat was purchased in the joint names of the Appellant and the Respondent.

(3.) In 2013, the Appellant filed a Petition for Divorce against the Respondent before the Additional Senior Civil Judge, Udupi, bearing M. C. No.52 of 2013, on the ground of cruelty and desertion, and an ex-parte decree was passed on 30/9/2013 dissolving the marriage.