Sri Mahesh Kumar P vs Smt Tejashree @ Jayasheela
2022 Latest Caselaw 3017 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 22ND 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.5379/2019 (FC)

BETWEEN :
SRI MAHESH KUMAR.P
S/O K.PUTTARAJU
AGED ABOUT 29 YEARS
R/AT NO.30, 4TH MAIN,
BANK OF BARODA COLONY
7TH PHASE, J.P.NAGAR
BENGALURU - 560078.                            ...APPELLANT

           (BY SRI H.V.KRISHNAMURTHY, ADV. FOR
                 SRI.H.P.LEELADHAR, ADV.)

AND :
SMT TEJASHREE @ JAYASHEELA
D/O KRISHNA
W/O MAHESH KUMAR,
R/AT NO.2088, 7TH MAIN,
KUVEMPU ROAD, CHANDRANAGAR,
BENGALURU - 560078.                        ...RESPONDENT

              (BY SRI M.R.BALAKRISHNA, ADV.)

      THIS M.F.A. IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
16.03.2019 PASSED IN M.C.NO.2616/2018 ON THE FILE OF THE
II  ADDITIONAL     PRINCIPAL   JUDGE,   FAMILY    COURT,
                          -2-

BENGALURU, DISMISSING THE PETITION FILED UNDER
SECTION 13[1][ia] AND [ib] 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

16.03.2019 passed in M.C.No.2616/2018 on the file of

the II Additional Principal Judge, Family Court at

Bengaluru, whereby the petition filed by the appellant

under Section 13(1)(ia) & [ib] of the Hindu Marriage Act,

1955 ('Act' for short), seeking for a decree of divorce, has

been dismissed.

2. In the present proceedings, the parties have

filed a 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 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 of the Act.

4. The respondent acknowledges the receipt of

Rs.2,50,000/- having paid by the appellant before the

Trial Court and the remaining balance amount of

Rs.2,50,000/- paid before this Court as per the

demand draft No.772958 dated 17.02.2022 drawn on

the State Bank of India for an amount of Rs.2,50,000/-

in total Rs.5,00,000/- towards final settlement of all

her claims. Both the parties further acknowledge the

receipt of the jewelry as per the memorandum

of settlement. It is further declared by the

respondent that she has received two wheeler

Access 125 KA-05-JW-8127 from the appellant.

5. Both the parties submit that they have

decided to get their marriage dissolved and

considering the joint petition filed under Section 13[B]

of the Act, their marriage could be resolved by a

decree of divorce.

6. We have perused the Memorandum of

Agreement as well as the joint petition filed under

Section 13B and the application filed under Section

13B(2) of the Act. There being no legal impediment for

accepting the same, the same is accepted and placed on

record.

7. 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.

8. 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 27.06.2016 at Shravanthi Kalyana

Mantapa, Gubbalala Gate, Near Petrol Bunk,

Kanakapura Main Road, Bengaluru stands dissolved

by the decree of divorce.

Registry shall draw modified decree in terms of the

Memorandum of Settlement and 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

NC.