Vinay Kumar @ Vinay vs Sridevi W/O Vinay Kumar @ Vinay ...
2022 Latest Caselaw 6004 Kant

                             1




           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

         DATED THIS THE 4TH DAY OF APRIL 2022

                          PRESENT

       THE HON'BLE MR. JUSTICE K. SOMASHEKAR

                           AND

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE


MISCELLANEOUS FIRST APPEAL No.200551/2020 (FC)

Between:

Vinay Kumar @ Vinay
S/o Krishnappa Salapur
Aged about 35 years
Occ: Agriculture
R/o Hiresanshi
Taluka & Dist: Bagalkot
                                 ... Appellant/Petitioner No.1

(By Sri Ganesh S. Kalaburgi, Anant S. Jahagirdar and Sri
Deshpande G.V., Advocates)


And:

Sridevi
W/o Vinay Kumar @ Vinay Salapur
(Before marriage Sridevi Reddy)
Aged about 31 years
Occ: Employee in Cyamson Biotechnology
Presently residing at
No.2547, 1st Floor
                              2




LIC, III Stage, III Main
1st 'A' Cross, (Behind Kushi Hospital)
Yelahanka Satellite Town
New Town Yelahanka
Bengaluru-64
                              ... Respondent/Petitioner No.2

(By Sri Ajayakumar A.K., Advocate)


      This Miscellaneous First Appeal is filed under Section
19 (1) of the Family Courts Act, 1984 praying to allow this
appeal and set aside the judgment and decree dated
29.02.2020 passed in Matrimonial Case No.158/2018 on
the file of the I Addl. Principal Judge, Family Court,
Vijayapura, and to pass any other appropriate orders as
may be necessary in the facts and circumstances of the
case.


    This appeal coming on for orders this day, Anant
Ramanath Hegde J., delivered the following:

                       JUDGMENT

Appellant and respondent are present before

Court and they are identified by the learned Advocate

for the appellant as well as learned Advocate for the

respondent.

2. The appeal is filed challenging the judgment

and decree dated 29.02.2020 passed by the I-

Additional Principal Judge, Family Court, Vijayapur

wherein the petition filed by the husband seeking

dissolution of marriage is dismissed. Aggrieved by the

said judgment and decree, the husband is in appeal.

Both the parties are present before the Court and

submit that the dispute between them is amicably

resolved and they are seeking dissolution of marriage

through mutual consent. Accordingly, the parties

have filed a petition under Section 13(B) of the Hindu

Marriage Act, 1955.

3. Perused the contents of the said petition. The

parties have stated in the petition that they have been

residing separately since more than 7 years and there

is no chance of resuming marital life between the

husband and wife i.e., petitioner Nos.1 and 2. It is

also stated that even the efforts of elders did not yield

any positive result and they have also realised that

there is no understanding between them. It is also

forthcoming from the contents of the petition that the

husband and wife have a child by name Aarna aged 7

years and it is stated that she is under the care and

custody of mother-petitioner No.2.

4. The petition also states that petitioner No.1 -

husband is willing to pay Rs.10,00,000/- (Rupees Ten

Lakh Only) towards permanent alimony to his wife -

petitioner No.2 and accordingly banker's cheque

bearing No.378274 dated 28.03.2022 drawn on State

Bank of India, Amruthalli Branch, Bengaluru in the

name of petitioner No.2 - wife is issued. The 13(B)

petition also reveals payment of Rs.20,00,000/-

(Rupees Twenty Lakh Only) towards maintenance of

the daughter Aarna and the said payment is made

through banker's cheque bearing No.378276 dated

28.03.2022 drawn on State Bank of India, Amruthalli

Branch, Bengaluru.

5. The wife, who is petitioner No.2 in the

petition has given an undertaking that payment of

Rs.10,00,000/- is towards full and final settlement of

alimony and she has no claim in respect of movable

and immovable properties both self acquired and

ancestral properties of petitioner No.1 - husband. The

wife - petitioner No.2 has also stated that she would

not persuade the criminal proceedings in

P.C.R.No.14577/2019 on the file of 68th Addl. CMM

Court, Bengaluru, Cr.Misc.No.120/2021 on the file of

I-Additional Principal Judge, Family Court, Vijayapura

and Cr.Misc.No.554/2018 pending on the file of the

JMFC-I, Vijayapura.

6. The petitioners have also filed an application

for waiving six months' period mandated under

Section 13(B) (2) of the Hindu Marriage Act on the

ground that even after expiry of six months there is

no chance of reunion of husband and wife. This Court

has also taken into consideration of the fact that the

petition is filed on the file of Family Court, Vijayapura

in the year 2018 and more than four years have

elapsed since the date of petition. It is also

forthcoming from the records that the parties are

residing separately since more than 7 years. This

Court is of the opinion that there is no reasonable

chance of resumption of marital relationship between

husband and wife. Under the circumstances, no

purpose would be served in case the petition is kept

pending for another six months.

7. Accepting the reasons shown in the petition

seeking waiver of six months period, the petition is

allowed and for the reasons stated therein, the

petitions filed under Section 13(B) and 13(B) (2) of

the Hindu Marriage Act, 1955 are allowed granting a

decree for dissolution of marriage. Accordingly,

marriage solemnized on 01.02.2013 between

petitioner No.1 and petitioner No.2 is dissolved in

terms of the decree.

8. The banker's cheque referred above have

been handed over to the petitioner No.2 - wife by

petitioner No.1 - husband and petitioner No.2

acknowledges the receipt of the same. Petitioner No.2

shall withdraw the criminal proceedings referred

above by furnishing the certified copy of this

judgment.

9. It is stated that daughter Aarna who is minor

is under the care and custody of mother - petitioner

No.2. Interest of mother is stated to be not adverse

to the interest of minor. The amount of

Rs.20,00,000/- paid to Aarna shall be kept in fixed

deposit in the name of Aarna in any nationalized bank

till she attains majority. The mother -petitioner No.2

is permitted to withdraw the interest on the said

deposit in the name of Aarna for the benefit and

welfare of the minor.

10. Consequently, the appeal is disposed of in

terms of the compromise petition and the impugned

judgment and decree dated 29.02.2020 passed in

Matrimonial Case No.158/2018 by the I-Additional

Principal Judge, Family Court, Vijayapura is set aside.

SD/-

JUDGE

SD/-

JUDGE swk