Karnataka High Court
Smt. H P Chaithra vs Sri. K S Prasanna Kumar on 9 November, 2021
Bench: B.Veerappa, K S Hemalekha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA
MISCELLANEOUS FIRST APPEAL No.4115/2020(FC)
BETWEEN:
SMT. H. P. CHAITHRA,
W/O K. S. PRASANNAKUMAR,
D/O PRASANNAKUMAR,
AGED ABOUT 26 YEARS,
R/AT HEBBAKA VILLAGE,
KASABA HOBLI, TUMAKURU TALUK,
AND DISTRICT-572101.
...APPELLANT
(BY SRI R. V. SHIVANANDA REDDY, ADVOCATE)
AND:
SRI. K. S. PRASANNA KUMAR,
S/O LATE SHIVANANDAIAH,
AGED ABOUT 34 YEARS,
R/AT K. PALASANDA VILLAGE,
GULUR HOBLI, TUMAKURU TALUK,
AND DISTRICT-572216.
...RESPONDENT
(BY SRI DEVARAJAIAH K. G., ADVOCATE)
2
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT
AND DECREE DATED 11.02.2020 PASSED IN MC NO. 127/2019 ON
THE FILE OF THE PRL. JUDGE, FAMILY COURT, TUMAKURU,
DISMISSING THE PETITION FILED UNDER SECTION 13(1)(i-a)(i-b)
OF THE HINDU MARRIAGE ACT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, B.VEERAPPA J., DELIVERED THE FOLLOWING:
JUDGMENT
The present Miscellaneous First Appeal is filed by the
appellant - wife against the judgment & decree dated 11.2.2020
passed in M.C. No.127/2019 on the file of the Prl. Judge, Family
Court, Tumakur, dismissing the petition filed by her under the
provisions of Section 13(1)(i-a)(i-b) of the Hindu Marriage Act.
2. Today, both the appellant and the respondent are present
before the Court and they are duly identified by the respective
counsel.
3. This Court by the order dated 11.8.2021 referred the
matter to the Bangalore Mediation Centre. The parties appeared
before the Bangalore Mediation Centre and the matter was settled
through mediation and both the parties sought for allowing the
appeal by granting decree of divorce, in terms of the settlement
agreement. The settlement agreement dated 29.9.2021 received
from the Bangalore Mediation Centre, is placed on record. The
same is duly signed by appellant and the respondent and their
respective counsel.
4. Memorandum of agreement under Section 89 of the Code
of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil
Procedure (Mediation) Rules, 2007 reads as under:
"The parties above named beg to submit as follows:
The appellant has filed this appeal that this
Miscellaneous First Appeal challenging the Order
of the Family Court, Tumkuru in M.C. No.
127/2019 dated 11.02.2020, dismissed the
petition filed under Section 13 (1) (i-a) & (i-b) of
the Hindu Marriage Act.
The said case was referred to the mediation as
per the order of the Hon'ble High Court of
Karnataka, Bengaluru. During the mediation
the parties have resolved the disputes and have
come to the terms and conditions as follows:
Brief Facts:
The appellant and respondent state that
their marriage was solemnized on
25.05.2014 at Hebbaka Village, Kasaba
Hobli, Tumakuru, as per Hindu rites and
customs.
Due to incompatibility, misunderstanding
and differences in opinion they were living
separately from 2016.
Both parties state that they have a
daughter by name Shivani Prasanna aged
about 6 years presently under the care and
custody of the appellant.
Both parties agree that they have no claims
of maintenance / permanent alimony
against each other either past, present or
future, as both of them are capable of
maintaining themselves independently.
Both the petitioner and the respondent
state that they have no claims over the
movable (including gold ornaments) or
immovable properties either existing or to
be acquired in future.
Both the parties state that they
unconditionally withdraw all the allegations
made against each other either orally or
expressly.
The respondent states that M.C. No.
158/2017 filed by him for Restitution of
Conjugal Rights was allowed by the Family
Court, Tumakuru. He undertakes not to
process that by filing an execution seeking
relief as per the order in the above case.
The appellant has filed Crl. Misc. No.
167/2017 pending on the file of Family
Court, Tumakuru filed under Section 125 of
Cr.P.C. The order passed in the said case to
pay Rs. 5,000/- (Rupees Five Thousand
Only) per month will be honoured by the
respondent by paying the said amount
without fail.
Both the parties agree that they have no
other claim of whatsoever manner against
each other either past, present or future.
Both the parties herein state that there is
no undue influence, force, or coercion in
entering into this agreement from any one
or anything.
Both the parties admit that they shall not
interfere in each other's lives in future for
any reason of whatsoever from this day
onwards for rest of their life.
In view of the aforesaid agreement entered into
between the parties, both the parties humbly
pray that this Hon'ble Court be pleased to
allow this MFA by granting a decree of divorce, in
terms of this settlement agreement.
Parties will appear on before the Hon'ble High
Court of Karnataka for reporting settlement and
requesting the Hon'ble High Court of
Karnataka for passing appropriate orders/decree,
in terms of the above said agreement."
5. When the matter came up before this Court today, this
Court tried to pursuade both the appellant - husband and the
respondent - wife for re-union, but the appellant and respondent
submitted that it is impossible to join again.
6. The said submission is placed on record.
7. In view of the above, accepting the report of the
Bangalore Mediation Centre, the Miscellaneous First Appeal is
disposed off in terms of the agreement entered into between the
parties. Accordingly, the impugned judgment & decree passed by
the trial Court is modified. The marriage solemnized between the
appellant and the respondent on 25.05.2014, is hereby dissolved by
granting decree of divorce.
8. Office is directed to draw the Decree accordingly.
Memorandum of agreement entered into between the parties, shall
be part of the decree.
Sd/-
JUDGE
Sd/-
JUDGE
Gss*
