Karnataka High Court
Sri H R Prakash Kumar vs Smt Tejaswini V on 22 February, 2022
Bench: S.Sujatha, Ravi V Hosmani
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. 1065/2018 (FC)
C/W
M.F.A.No. 1057/2018 (FC)
IN M.F.A.No. 1065/2018 :
BETWEEN:
SRI. H.R.PRAKASH KUMAR
S/O RAJANNA
AGED ABOUT 35 YEARS
PRESENTLY RESIDING AT
R/A HATNA VILLAGE
KIBBANAHALLI POST
TIPTUR TALUK-572 114
TUMKUR DISTRICT.
PRESENTLY WORKING AS LECTURER
E & C DEPARTMENT
GOVT. POLYTECHNIC COLLEGE
HOSADURGA-577 527
CHITRADURGA DISTRICT.
...APPELLANT
[BY SRI. B.R.SRIVATSA, ADVOCATE FOR
SRI. SANDEEP PATIL, ADVOCATE (PH)]
AND:
SMT. TEJASWINI V.
D/O VENKATAPPA
AGED ABOUT 32 YEARS
2
PRESENTLY RESIDING AT
R/A NO.69, VENKATESHWARA NILAYA
3RD MAIN, 3RD CROSS, 3RD BLOCK
KUVEMPU NAGAR
TUMKUR-570 015.
PRESENTLY WORKING AS
ASST. TRAFFIC MANAGER
KSRTC DIVISIONAL OFFICE
TUMKUR-572 102.
...RESPONDENT
[BY SMT. MANJULA D., ADVOCATE FOR
SRI. L.SRINIVASA BABU, ADVOCATE (PH)]
THIS MFA No.1065/2018 IS FILED U/S 19(1) OF THE FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
16.12.2017 PASSED IN M.C.NO.102/2015 (M.C. No.18/2013) ON THE
FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU,
DISMISSING THE PETITION FILED U/S 13(1)(i-a) OF THE HINDU
MARRIAGE ACT, FOR DISSOLUTION OF THE MARRIAGE.
IN M.F.A.No. 1057/2018 :
BETWEEN:
TEJASWINI V.
D/O VENKATAPPA
AGED ABOUT 27 YEARS
ASST. TRAFFIC MANAGER, KSRTC
MYSORE RURAL DIVISION
HANUMANTHANAGARA
BANNIMANTAPA
MYSORE-570 015.
...APPELLANT
[BY SRI. B.R.SRIVATSA, ADVOCATE FOR
SRI. SANDEEP PATIL, ADVOCATE (PH)]
AND:
H.R.PRAKASH KUMAR
S/O RAJANNA
AGED ABOUT 33 YEARS
RESIDING AT HATNA VILLAGE
KIBBANAHALLI POST
3
TIPTUR TALUK
TUMKUR DISTRICT-572 101.
AT PRESENT WORKING AS
ELECTRONIC AND COMMUNICATION BRANCH
HOSADURGA, GOVT. POLYTECHNIC
HOSADURGA
CHITRADURGA DISTRICT-572 101.
...RESPONDENT
[BY SMT. MANJULA D., ADVOCATE FOR
SRI. L.SRINIVASA BABU, ADVOCATE (PH)]
THIS MFA NO.1057/2018 IS FILED U/S 19(1) OF THE FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
16.12.2017 PASSED IN M.C.NO.41/2014 ON THE FILE OF THE
PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU, DISMISSING THE
PETITION FILED U/S 9 OF THE HINDU MARRIAGE ACT, FOR
RESTITUTION OF CONJUGAL RIGHTS.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
S. SUJATHA J., DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are directed against the order dated
16.12.2017 passed in M.C.No. 41/2014 and M.C.No.
102/2015 (M.C.No.18/2013) on the file of the Prl. Judge,
Family Court at Tumakuru, whereby the petition filed by the
respective parties under Section 13(1)(i-a) and Section 9 of
The Hindu Marriage Act, 1955, ( 'Act' for short) has been
dismissed with costs.
2. In the present proceedings, Memorandum of
Settlement entered into between parties under Section 89 of
CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure
(Mediation)Rules, 2005 before the Bengaluru Mediation
Centre has been placed on record. The parties have filed joint
petition under Section 13B(1) and 13B(2) of the Act.
3. The parties are present before the Court along with
their respective learned counsel. Both the parties have
submitted that they have read over the contents of the
Memorandum of Settlement and the joint petition filed under
Section 13B(1) and 13B(2) of the Act. It is declared that they
have subscribed their signatures to the aforesaid documents
on their own volition, without any force or threat or undue
influence from anyone in whatsoever manner.
4. 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.
5. The respondent viz., Smt. Tejaswini has
acknowledged the Demand Draft bearing no.006632 dated
13.12.2021 for Rs.15,00,000/- (Rupees Fifteen Lakh) drawn
on Karnataka Bank, Ltd., Kibbanahally (Nelekere), Vinoba
Nagar, Tumakuru issued by the appellant in terms of the
Memorandum of Settlement as agreed between the parties.
6. We have perused the Memorandum of Settlement
and the applications filed under Section 13B(1) and (2) of the
Act. The Memorandum of Settlement being lawful, there is no
legal impediment for the Court to accept the same. The same
is accepted.
7. Thus, the marriage solmenised between the parties
on 19.06.2011 at Sri Siddeshwara Convention Hall, S.I.T.
Main Road, Tumakuru is dissolved by decree of divorce. The
same shall be subject to the terms of the Memorandum of
Settlement entered into between the parties before Bengaluru
Mediation Centre.
Registry shall draw the modified decree accordingly in
terms of the Memorandum of Settlement and petition filed
under Section 13B of the Act. The same shall become part
and parcel of the decree.
The above appeals stand disposed of in the aforesaid
terms.
All the pending IAs are disposed of accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
Psg*
