Karnataka High Court

Sri. S. Harish vs Smt. Roopa @ Shilpa on 6 January, 2021

Author: B.V.Nagarathna And Uma

                        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

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

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

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

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.

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

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/-

(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

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