1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON'BLE MRS.JUSTICE M.G.UMA
MISCELLANEOUS FIRST APPEAL NO.5026 OF 2020 (FC)
BETWEEN:
SRI S.HARISH,
S/O SHIVANNA,
AGED ABOUT 34 YEARS,
R/AT NO.599, 4TH CROSS,
7TH MAIN, POORNACHANDRA LAYOUT,
SRIGANDADAKAVALU,
BENGALURU-560091.
...APPELLANT
(BY SRI NAGAIAH, ADV. (PH))
AND:
SMT. ROOPA @ SHILPA,
WIFE OF S.HARISH,
AGED ABOUT 28 YEARS,
RESIDING AT NAGACHAITHANYA
PAYING GUEST FOR LADIES,
NO.133, 13TH MAIN, NEELADRI NAGARA,
OPP: AJMEER APARTMENT, NEAR WIPRO
GATE NO.14, ELECTRONIC CITY PHASE-1,
BENGALURU-560100.
ALSO RESIDING AT
ROBERT BOSCH ENGINEERING AND
BUSINESS SOLUTIONS PRIVATE LIMITED,
NO.76/77, CYBER PARK,
3RD CROSS ROAD,
2
ELECTRONIC CITY PHASE-I,
DODDATHOGURU VILLAGE,
ELECTRONIC CITY,
BENGALURU-560100.
ALSO AT R/A KONANAKEREKOPPA,
KOPPA POST, GUBBI TALUK,
TUMKUR DISTRICT-572216.
PRESENT RESIDING AT:
NO/167 SRI RAMA NILAYA, 4TH MAIN,
2ND CROSS, ITI LAYOUT, MALLATHALLI,
BENGALURU-560056.
...RESPONDENT
---
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 19(1) OF FAMILY COURT ACT
AGAINST THE JUDGMENT AND DECREE
DATED.28.02.2020, PASSED IN MC NO.4062/2018, ON
THE FILE OF THE III-ADDITIONAL PRINCIPAL JUDGE,
FAMILY COURT, BENGALURU, DISMISSING THE
PETITION FILED U/SEC.13(1)(ia) OF THE HINDU
MARRIAGE ACT.
THIS APPEAL COMING ON FOR ADMISSION THIS
DAY, THROUGH VIDEO CONFERENCING / PHYSICAL
HEARING, NAGARATHNA J., DELIVERED THE
FOLLOWING:
JUDGMENT
On 21-12-2020, the parties were present before the Court. They stated that they have filed a joint petition under Section 13-B(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for the sake of brevity) seeking dissolution of their marriage by a decree of divorce by mutual consent. An application 3 under Section 13-B(2) of the Act was also filed seeking waiver of the statutory period of six months stipulated under the said provision. On that day, a coordinate Bench of this Court sought to impress upon the parties to have a reconciliation and to iron out their differences, so that their marriage could be saved and the matter was ordered to be listed today, that is on 06-01-2021.
2. The parties are present before the Court. They state that they have not been able to reconcile their differences and insist that their marriage may be dissolved by a decree of divorce by mutual consent. In the circumstances, we have considered the petition filed under Section 13-B(1) of the Act as well as the application filed under Section 13-B(2) of the Act.
3. The appellant is the husband while the respondent is the wife. The appellant has assailed the Judgment and decree passed in MC No.4062/2018 by the III Additional Principal Judge, Family Court, Bengaluru, dated 28-02-2000. By the said Judgment and decree the petition filed by the appellant - husband 4 under Section 13(1)(i-a) of the Act was dismissed. Being aggrieved, he has preferred this appeal.
4. Learned counsel appearing for the respective parties submit that during the pendency of this appeal, the parties have negotiated a settlement and they have decided mutually to dissolve their marriage by a decree of divorce by mutual consent. Learned counsel appearing for the respective parties submit that the petition under Section 13-B(1) of the Act as well as the application under Section 13-B(2) of the Act have been filed as per the terms of the settlement.
5. They have sought for orders on the same. Apart from dissolution of their marriage by a decree of mutual consent, the appellant - husband has agreed to pay a permanent alimony of Rs.5,25,000/- to the respondent - wife by Demand Draft bearing No.529525 dated 12-11-2020 drawn on Canara Bank, Basaveshwaranagar Branch, Bengaluru-560 079 to the respondent. The Demand Draft is handed over by the learned counsel for the appellant to the learned counsel 5 for the respondent, which in turn is handed over to the respondent - wife who has acknowledged the receipt of the same.
6. Learned counsel for the appellant submits that gold ornaments belonging to the respondent - wife are also being returned to the respondent. The respondent -wife has received the same and has acknowledged the receipt of the same.
7. Learned counsel for the respondent submits that a gold ring belonging to the appellant-husband is being returned by the respondent - wife. The appellant acknowledges receipt of the same.
8. Learned counsel for the respective parties submit that the terms of settlement between the parties may be accepted by this Court and dissolution of marriage by a decree of divorce by mutual consent may be passed. They further submit that the parties were married in the year 2016. That they have not been staying together since the year 2018 when MC No.4062/2018 was filed by the appellant-husband 6 before the Family Court. That there is no reconciliation of the differences between them and there is no chance of cohabitation between the parties. They do not wish to reside together any longer as husband and wife. Therefore, the application filed by them under Section 13-B(2) may be allowed by waiving the statutory period of six months stipulated under the said provision.
9. As already noted, the parties are before the Court. When queried by the Court, the parties state that they have agreed to dissolve the marriage and hence they have filed the petition seeking dissolution of their marriage by a decree of divorce by mutual consent. They further state that they have acknowledged the exchange of gold ornaments. They further state that they have agreed to part ways on their own volition without there being coercion or undue influence from any side. They also submit that they have withdrawn all allegations made against each other. They state that the appeal may be disposed of in terms of the petition and the application filed under Section 13-(B) of the Act. 7
10. In the above circumstances, we have taken on record the joint petition filed under Section 13-B of the Act and perused the same. The said petition reads as under:-
MEMORANDUM OF JOINT DIVORCE PETITION UNDER SECTION-13(B)(1) OF HINDU MARRIAGE ACT, 1955:
The appellant and respondent beg to submit as follows:
1. The appellant and respondent are husband and wife and their marriage was performed on 16.11.2016 at Bhavimane Kalyana Mantapa, NH 204, Gubbi town, Tumakuru District. The Respondent started living as wife of the appellant at the matrimonial house after the marriage.
2. The appellant and respondent submit that there was differences of opinion, misunderstanding arised between the appellant and respondent which went to the extent of quarrel each other and started living separately on account of Respondent who deserted the matrimonial home and residing at the address shown in the cause title thereby the marriage 8 between the appellant and respondent irretrievably broke down.
3. It is submitted that on account of desertion and cruelty meted out by respondent, the appellant has filed petition under Section-13(1)(I-a) of the Hindu Marriage Act against the respondent on the file of Principal Family Judge Court, at Bengaluru, in MC no.4062/2018 which came to be dismissed vide judgment and decree dt.28.02.2020. The appellant being aggrieved has challenged the legality of the dismissal of the MC Petition No.4062/2018 dt.28.02.2020 before this Hon'ble Court by filing the present MFA on 14.07.2020.
4. It is submitted that during pendency of this appeal, at the instance of elders, well wishers, common friends and close relatives of both the families have resolved the dispute, compromised the issue between the appellant and respondent whereunder the appellant and respondent have agreed to take divorce and to live separately. As per the Panchayatdars decision, the appellant has agreed to pay permanent alimony of Rs.5,25,000/- 9
(Rupees Five Lakhs, Twenty Five Thousand) to respondent and
accordingly, the respondent has purchased Demand Draft for Rs.5,25,000/-
(Rupees Five Lakhs, Twenty Five Thousand) bearing DD No.529525
dt.12.11.2020 drawn on Canara Bank, Basaveshwaranagar Branch, Bengaluru-
560079, drawn in the name of the respondent herein. The appellant returned 23 grams golden ornaments like one chain and one finger ring to the respondent.
Likewise, the respondent returned 50 Grams of golden ornaments, i.e.
Mangalasutra and one finger ring to the appellant. Accordingly, the Compromise petition filed vide MFA No.5026/2020.
5. It is submitted that since both the appellant and respondent have agreed to give mutual consent for grant of Decree of Divorce to dissolve their marriage held on 16.11.2016 at Bhavimane Kalyana Mantapa, NH 204, Gubbi town, Tumakuru District, resulted in this petition. Hence this application.
6. It is submitted that the appellant and respondent have agreed to take Decree of 10 Divorce by mutual consent on their own will and volition, without there being any force, threat, coercion or undue influence upon them.
WHEREFORE, the appellant and respondent pray that this Hon'ble Court may be pleased to grant Decree of Divorce dissolving their marriage dt.16.11.2016 held at Bhavimane Kalyana Mantapa, NH- 204, Gubbi Town, Tumakuru District, in the interest of justice and equity.
Sd/-
ADVOCATE FOR APPELLANT. 1. Sd/-
Appellant Sd/-
ADVOCATE FOR RESPONDENT 2. Sd/-
Respondent"
The said petition is signed by the respective parties and their counsel and the same has also been verified. The said petition is supported by the affidavit of the appellant as well as the respondent.
11. We have also taken on record the application filed by the parties under Section 13-B(2) of the Act seeking waiver of the statutory period of six 11 months stipulated under the said provision. The said application is supported by a joint affidavit. We have considered the submissions made by the learned counsel for the respective parties stating that there is no purpose in keeping the matter pending before this Court for six more months when there is no possibility of the parties reconciling their differences during the said period and cohabitating together. In the circumstances, we find that the application filed under Section 13-B(2) of the Act is liable to be allowed and is allowed bearing in mind the judgment of the Hon'ble Supreme Court in the case of AMARDEEP SINGH -vs. HARVEEN KAUR reported in (2017) 8 SCC 746.
12. We have perused the terms of the petition under Section 13-B of the Act. We find that the said terms are lawful and we do not find any legal impediment in accepting the same. Consequently, the said terms of settlement for seeking dissolution by a decree of divorce by mutual consent are accepted.
13. In the result, the marriage solemnised between the parties on 16-11-2016 at Bhavimane 12 Kalyana Mantappa, NH-204, Gubbi Town, Tumakuru District, is dissolved by a decree of divorce by mutual consent while the impugned Judgment and decree of the Family court in MC No.4062/2018 dated 28-2-2020 is set aside and is substituted by this Judgment.
Office to draw up the decree under Section 13-B(1) of the Act.
In view of the disposal of the appeal, the compromise petition and pending applications are ordered to be filed.
Sd/-
JUDGE Sd/-
JUDGE rsk/-
CT-HR