B. V. Nandisha vs H. K. Rashmi
2022 Latest Caselaw 2456 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 15TH DAY OF FEBRUARY, 2022

                       PRESENT

       THE HON'BLE MRS.JUSTICE S.SUJATHA

                         AND

    THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

                M.F.A.No.1088/2021(MC)

BETWEEN:

B.V.NANDISHA      [AMENDED AS PER V/O DATED 15.02.2022]
S/O VISHNU
AGED ABOUT 43 YEARS
EDUCATION DEPARTMENT OFFICER
RESIDING AT BYATE
THIYAMMANAKOPALU VILLAGE
PANDAVAPURA TALUK
MANDYA
(RESIDING AT RAMANAGARA)
PIN CODE-58316 .
                                            ...APPELLANT

[BY SRI. RAJU C.N., ADVOCATE (PH)]

AND:

H.K.RASHMI
D/O LATE P.N.KRISHNAPPA
W/O NANDISHA
AGED ABOUT 42 YEARS
RESIDING AT MARIGUDI BEEDI
HIREMARALI, PANDAVAPURA TALUK
MANDYA, PIN CODE-58316.
                                         ...RESPONDENT

[BY SRI. K.HEMANTH KUMAR, ADVOCATE (PH)]


    THIS MFA IS FILED U/S 28(1) OF THE HINDU
MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE
DATED 23.10.2020 PASSED IN M.C.NO.20/2014 ON THE FILE
                           2




OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
PANDAVAPURA, MANDYA, DISMISSING THE PETITION FILED
U/S 13(1) OF CPC.

      THIS APPEAL COMING ON FOR HEARING THIS DAY,
S. SUJATHA J., DELIVERED THE FOLLOWING:
                   JUDGMENT

This appeal is directed against the order

dated 23.10.2020 passed in M.C.No.20/2014 on

the file of the Addl. Senior Civil Judge & JMFC.,

Pandavapura, whereby the petition filed by the

appellant under Section 13(1) of The Hindu Marriage

Act, 1955, ( 'Act' for short) has been dismissed with

costs.

2. In the present proceedings, Compromise

Petition has been filed under Order 23 Rule 3 of CPC

read with 13(B) of the Act. An application under

Section 13B(2) of the Act has been filed seeking for

waiver of the waiting period of six months.

3. Both the parties are present before the Court

along with their respective learned counsel. The

parties are identified by their respective learned

counsel. The appellant submits that he has read over

the contents of the Compromise Petition and has

subscribed his signature voluntarily without any

force or threat or undue influence from anyone in

whatsoever manner.

4. The respondent submits that the contents of

the petition was read over to her by her learned

counsel in vernacular language known to her and she

has agreed for the terms and conditions of the

Compromise Petition and has put her signature

without there being any force, threat or undue

influence from anyone in whatsoever manner.

5. We have perused the petition filed by the

parties and also enquired with the respondent

regarding her consent for terms and conditions

specified in the Compromise Petition. The respondent

submitted that she has voluntarily agreed for the

terms and conditions of the petition and the appeal

may be disposed of in terms of the Compromise

Petition dissolving the marriage between the parties.

The Compromise Petition being lawful, there is no

legal impediment for the Court to accept the same.

The compromise Petition is placed on record.

6. The joint petition filed under Section

13(B)(1) and the petition filed under Section 13(B)(2)

of the Act are placed on record.

7. In terms of the order of the Hon'ble Apex

Court in the case of Amardeep Singh v. Harveen

Kaur, reported in (2017) 8 SCC 746, the cooling

period of six months is waived. I.A.No.2/2022 is

allowed.

8. The respondent has acknowledged three

Demand Drafts bearing nos.(i) 714962, dt.

05.02.2022 for Rs.18,00,000/- (Rupees Eighteen

Lakh) issued by Canara Bank, (ii) No.793124

dt.07.02.2022 for Rs.10,00,000/- (Rupees Ten lakh

only) issued by State Bank of India and (iii)

No.793128 dt.08.02.2022 for Rs.12,00,000/- (Rupees

Twelve lakh only) issued by State of Bank of India,

totally amounting to Rs.40,00,000/-(Rupees Forty

lakh only) towards permanent alimony in terms of the

Compromise Petition as agreed between the parties.

9. Thus, the marriage solmenised between the

parties on 21.10.2007 at T.A.P.M.C., Raitha Bhavana,

Pandavapura is dissolved by decree of divorce.

Registry shall draw the modified decree

accordingly in terms of the Compromise Petition. The

Compromise Petition r/w petition filed under Section

13(B) of the Act shall become part and parcel of the

decree.

Sd/-

JUDGE

Sd/-

JUDGE Psg*