Sri Bharathraj vs Smt Kavitha
2022 Latest Caselaw 3238 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 24TH 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.3081/2021 (MC)

BETWEEN:

SRI. BHARATHRAJ
S/O CHANDRAPPA
AGED ABOUT 32 YEARS
OCC: AGRICULTURIST
R/O. YADAGOPPA VILLAGE
KASABA HOBLI, SORABA TALUK
SHIVAMOGGA DISTRICT-577 419.
                                          ...APPELLANT
[BY SRI. S.B.TOTAD, ADVOCATE FOR
    SRI. SUDHEER K., ADVOCATER (PH)]

AND:

SMT. KAVITHA
W/O BHARATHRAJ, AGED ABOUT 26 YEARS
HOUSEHOLD WORK, C/O. SRI. ANANDA NAIKA
RETIRED ACCOUNTANT, R/O. K.E.B. COLONY
KODAKANI DIVISION, SORABA TOWN
SORABA TALUK
SHIVAMOGGA DISTRICT-577 429.
                                      ...RESPONDENT
[BY SMT. P.C.SUNITHA, ADVOCATE (PH)]

     THIS MFA IS FILED U/S 28(1) OF HINDU MARRIAGE
ACT, AGAINST THE JUDGMENT AND DECREE DATED
07.06.2021 PASSED IN M.C.NO.6/2018 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, SORABA, DISMISSING THE
PETITION FILED UNDER SECTION 13(1)(ia)(ib) OF THE HINDU
MARRIAGE ACT, 1955.
                            2




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



                   JUDGMENT

This appeal is directed against the judgment

and decree dated 07.06.2021 passed in

M.C.No.6/2018 on the file of the Senior Civil Judge &

JMFC., Soraba, whereby the petition filed by the

appellant under Section 13(1)(ia) of The Hindu

Marriage Act, 1955, ('Act' for short) has been

dismissed with costs.

2. In the present proceedings, Joint Affidavit of

the respective parties and also Memorandum of

applications under Sections 13B (1) and 13B(2) of the

Act along with affidavits have been filed. The same

are placed on record.

3. Both the parties are present before the Court

along with their respective learned counsel. The

parties are identified by their respective learned

counsel and subscribed their signatures to the joint

affidavit.

4. The appellant submits that he has read over

the contents of the joint affidavit and has subscribed

his signature voluntarily without any force or threat

or undue influence from anyone in whatsoever

manner. He further submits that he has agreed to

pay Rs.25,00,000/- to respondent and her daughter

towards permanent alimony in full and final

settlement i.e., a sum of Rs.12,50,000/- would be

invested in Fixed Deposit in Nationalised bank in the

name of daughter namely Kum. Preksha B., and

receipt of the F.D. will be handed over to the

respondent at the time of withdrawal of the

C.Mis.No.46/2022, which is pending before the Prl.

Civil Judge & JMFC., Soraba; Rs.12.50,000/- has

been transferred through OnLine to the bank account

of the respondent.

5. 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 joint

affidavit and has put her signature without there

being any force, threat or undue influence from

anyone in whatsoever manner.

6. The respondent acknowledges the receipt of

Rs.12,50,000/- towards permanent alimony in terms

of the Joint Affidavit as agreed between the parties.

7. We have perused the joint affidavit filed by

the parties and also enquired with the respondent

regarding her consent for terms and conditions

specified in the affidavit. The respondent declares

that she has voluntarily agreed for the terms and

conditions of the joint affidavit and the appeal may be

disposed of in terms of the joint affidavit and

applications filed under Section 13B(1) and 13B(2) of

the Act dissolving the marriage between the parties.

The joint affidavit being lawful, there is no legal

impediment for the Court to accept the same.

8. 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.

9. Thus, the marriage solmenised between the

parties on 21.05.2010 in the house of the parents of

the respondent at Kudaregani village, Soraba, is

dissolved by decree of divorce.

10. Appeal stands disposed of in terms of the

joint affidavit and also memorandum of application

filed under Section 13B of the Act.

Registry shall draw the modified decree

accordingly in terms of the joint affidavit and also

memorandum of application filed under Section 13(B)

of the Act and same shall become part and parcel of

the decree.

Sd/-

JUDGE

Sd/-

JUDGE Psg*