Sri M Suresh vs Smt S Devi
2022 Latest Caselaw 2896 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 21ST 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.2350/2020 (FC)

BETWEEN:

SRI. M.SURESH
S/O LATE R. MANNAR
AGED ABOUT 40 YEARS
RESIDING AT NO.358
LAKSHMANAPURI, GANDHINAGAR
BENGALURU-560 009.
                                              ...APPELLANT
(BY SRI. PUNITH C., ADVOCATE FOR
    SRI. SIDDAMALLAPPA P.N., ADVOCATE (PH))

AND:

1.      SMT.S.DEVI
        WIFE OF SRI S.VIJAYA KUMAR
        D/O LATE SAMPATH KUMAR,
        AGED ABOUT 60 YEARS, R/A NO.12/1, 9TH CROSS
        BEHIND GURUKULA INTERNATIONAL SCHOOL
        K.P.AGRAHARA, MAGADI ROAD
        BENGALURU-560 023.

2.    SRI. VIJAY KUMAR
      S/O SUBRAMANI, RETIRED POSTMASTER
      AGED ABOUT 70 YEARS
      VELLEMBI VILLAGE, VIA KALAVAI
      VELLORE, NORTH ARCOT DISTRICT
      TAMILNADU-632 506.
                                    ...RESPONDENTS
(BY SRI. K.A.PRAKASH, ADVOCATE R1;
RESPONDENT No.2 DELETED AS PER V/O DATED
21.02.2022)
                             2




    THIS MFA IS FILED U/S 19(1) OF FAMILY COURT ACT,
AGAINST THE JUDGMENT AND DECREE DATED 30.08.2019
PASSED IN O.S.NO.90/2013 ON THE FILE OF THE II
ADDITIONAL      PRINCIPAL   JUDGE,   FAMILY    COURT,
BENGALURU, DISMISSING THE SUIT FILED U/O 7 RULE 1
OF THE CPC R/W SEC.5(1) OF THE HINDU MARRIAGE ACT.

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



                    JUDGMENT

This appeal is directed against the judgment

dated 30.08.2019 passed in O.S.No.90/2013 on the

file of the II Additional Principal Judge, Family Court

at Bengaluru.

2. Learned counsel for the respondent has

filed a memo along with the Memorandum of

settlement drawn between the parties under Section

89 of CPC read with Rules 24 and 25 of the

Karnataka Civil Procedure [Mediation] Rules, 2005,

whereby both the parties have agreed for dissolution

of their marriage. This agreement is signed by both

the parties and their respective learned counsel. A

joint petition duly signed by both the parties and

their respective counsel has also been filed under

Section 13B(1) of the Act along with application

under Section 13B(2) of the Act seeking waiver of the

cooling period.

3. Both the parties are present before the

Court and they are identified by their respective

counsel. Both the parties declare that they have read

over the contents of the joint petition as well as the

memorandum of settlement and subscribed their

signature on their own volition without there being

any force, threat or undue influence by anybody in

whatsoever manner. It is declared that they have

agreed for the terms and conditions of the

Memorandum of Agreement and the petition filed

under Section 13B (1) and (2) of the Act.

4. Both the parties submit that they have

filed application/petition under Section 13B(1) of the

Act seeking for dissolution of their marriage

solemnised on 18.11.2012 at Sri Vidhya Ganapathi

Seva Samithi, Rajajinagar, Bengaluru. The

respondent acknowledges receipt of Rs.3,00,000/-

(Rupees Three Lakhs Only) vide D.D. dated

14.01.2022 drawn on State Bank of India, Bengaluru

Main Branch and traveling expenses of Rs.2,000/-

(Rupees Two Thousand Only) in cash as well.

5. We have perused the Memorandum of

Agreement as well as the joint petition filed under

Section 13B(1) and (2) and of the Act. There being no

legal impediment for accepting the same, the same is

accepted and placed on record.

6. In the light of the judgment passed by the

Hon'ble Apex Court in the case of Amardeep Singh

v. Harveen Kaur, [(2017) 8 SCC 746], the cooling

period is waived and the application filed under

Section 13B(2) of the Act is allowed.

7. In view of the aforesaid, appeal stands

disposed of in terms of the Memorandum of

Settlement drawn between the parties under

Section 89 of CPC read with Rules 24 and 25 of the

Karnataka Civil Procedure [Mediation] Rules, 2005

and the joint petition filed under Section 13B of

the Act. The marriage solemnized between the

parties on 18.11.2012 at Sri Vidhya Ganapathi Seva

Samithi, Rajajinagar stands dissolved by the decree

of divorce.

8. Resultantly, appeal stands disposed of in

terms of the joint petition filed under Section 13B of

the Act.

Registry shall draw modified decree in terms of

the joint petition filed under Section 13B of the Act.

The Memorandum of Settlement and 13B petition

shall become part and parcel of the decree.

Sd/-

JUDGE

Sd/-

JUDGE BVK