S P Tajus vs Smt Mahalakshmi @ Swetha
2022 Latest Caselaw 871 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 19TH DAY OF JANUARY, 2022

                   PRESENT

       THE HON'BLE MRS.JUSTICE S.SUJATHA

                     AND

    THE HON'BLE MR.JUSTICE RAVI V. HOSMANI

           M.F.A.No.3009/2014 (MC)

BETWEEN:

S.P.TAJUS
S/O. R.T.PRABHAKAR
AGED ABOUT 30 YEARS
R/AT GANDHI NAGARA
NEAR NEW - BUS STAND ROAD
SIRA TOWN - 572 137
                                   ... APPELLANT

(BY SRI VENKATESH P. DALWAI, ADVOCATE)

AND:

SMT. MAHALAKSHMI @ SWETHA
W/O. S.P.TEJUS,
D/O VENKATESH
AGED ABOUT 24 YEARS
R/AT MAIN ROAD
SRIRANGAPATNA TOWN
MANDYA DISTRICT - 571 438.
                                ... RESPONDENT

(BY SRI N.KUMAR, ADVOCATE)
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     THIS APPEAL FILED UNDER SECTION 28(1) OF
THE HINDU MARRIAGE ACT AGAISNT THE JUDGMENT
AND DECREE DATED 28.02.2014 PASSED IN
M.C.NO.38/2013 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE, JMFC, SRIRANGAPATTANA,
DISMISSING THE PETITION FILED UNDER SECTION
13(1)(IA) OF HINDU MARRIAGE ACT, 1955.

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

                        JUDGMENT

This appeal is filed by the appellant challenging

the order dated 28.02.2014 passed in M.C.No.38/2013

on file of the Principal Senior Civil Judge and JMFC,

Srirangapattana whereby the MC petition filed by the

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

Marriage Act, 1955 (hereinafter referred to as 'the Act'

for short) has been dismissed.

2. The matter having been referred to the

Bangalore Mediation Centre by this Court, the parties

have appeared before the Bangalore Mediation Centre

and settled their dispute. A memorandum of

agreement under Section 89 of the Code of Civil

Procedure read with Rules 24 and 25 of the Karnataka

Civil Procedure (Mediation) Rules, 2005 has been

drawn between the parties. This memorandum of

agreement is signed by both the parties and their

respective learned counsel. The said memorandum of

agreement reads thus:

"The parties above named beg to submit as follows:

I. The parties state that their marriage was solemnized on 14.05.2009 at Srirangapattana, in accordance with the Hindu rites and customs.

II. The appellant has filed the above MFA agaisnt the order dated 28.02.2014 in M.C.No.38/2013 on the file of the Principal Senior Civil Judge and JMFC at Srirangapattana.

III. The appellant preferred this appeal, aggrieved by the said order dated 28.02.2014 passed in M.C.No.38/2013. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. Both the parties during the course of mediation, have resolved their differences and arrived at the following settlement:

1. In view of the developments and their marriage having irretrievably broken down and both the parties have admitted that they have been living separately from each other from 17.03.2010.

2. Both the parties state that they have no love and affection for each other as long separation has caused the damage to their marital life and in spite of their best efforts they could not reconcile and hence they have decided to dissolve their marriage.

3. The respondent herein had earlier filed a complaint to the police alleging the dowry harassment against the Appellant and his family members in C.C.No.1093/2010 under Section 498-A, 307 of IPC read with Sections3 & 5 of D P Act, and the said criminal case the Appellant and his family members have got acquitted. Further, the respondnet had filed C.MiSc.88/2011 on the file of the Civil Judge (Jr.Dn) and JMFC, Srirangapattana for seeking maintenance and that also been settled in Lok Adalat Proceedings.

4. Both the parties have agreed to file a mutual consent petition under Section 13-B of the Hindu Marriage Act, before the Civil Judge (Jr.Dn.) and JMFC, Srirangapattana for a decree of divorce.

5. The appellant has agreed to pay a sum of Rs.9,00,000/- (Rupees Nine Lakhs Only) to the respondent towards maintenance/permanent alimony as full and final settlement of all her claims. The said amount will be paid by way of demand draft at the time of reporting settlement in the mutual consent petition to be filed by the parties before Srirangapattana Court. The respondent also agrees to receive the above said agreed amount.

6. In view of the above said agreement the respondent herein agrees to withdraw the Crl.Misc.No.24/2021 pending on the file of the Civil Judge and JMFC, Srirangapattana seeking for maintenance.

7. In view of this settlement arrrived at, the respondent has no objection whatsoever for this Hon'ble Court to allow the above appeal by setting aside the judgment dated 28.02.2014 passed in M.C.No.38/2012.

8. Both the parties agree that there are no claims whatsoever against each other, either past, present or future.

9. Both the parties agree that they shall not interfere in the lives of each other.

IV. In view of the aforesaid agreement entered into between the parties, both the parties humbly pray that this Hon'ble Court be pleased to pass appropriate order in terms of the aforesaid agreement.

V. Parties will appear before the Hon'ble High Court of Karnataka, Bangalore, for passing orders in terms of the settlement/agreement."

3. A memo dated 19.01.2022 has been filed by

the parties today before this Court praying that Clause

III(4) of the said agreement wherein they had agreed

to file a mutual consent petition under Section 13-B of

the Act before the Civil Judge (Jr.Dn.) and JMFC,

Srirangapattana for a decree of divorce may be kindly

read as to be filed before this Hon'ble Court in the

present appeal proceedings. The petition under

Section 13-B of the Hindu Marriage Act, 1955, ('Act' for

short) signed by both the parties and their respective

counsel, has been filed along with the application

under Section 13-B(2) of the Act, read with Section

151 of Code of Civil Procedure, 1908, seeking for

waiver of the waiting period of 6 months and

consequently to take up the main matter for

consideration in terms of the settlement arrived at

between the parties before the Mediation Centre at

Bangalore, as drawn in the agreement referred to

above.

4. Learned counsel for both the parties as well

as their respective parties have appeared before the

Court through virtual mode. Learned counsel

appearing for the parties have identified their

respective parties. Both parties have shown their

identity cards for their identification. The parties

submit that they have agreed to the terms of the

memorandum of agreement drawn before the

Bangalore Mediation Centre and they have subscribed

their signatures on their own volition without there

being any influence, threat or force from anybody in

whatsoever manner. In terms of the agreement the

appellant has agreed to pay a sum of Rs.9,00,000/-

(Rupees Nine Lakhs only) to the respondent towards

maintenance/permanent alimony as full and final

settlement of all her claims, by way of demand draft at

the time of reporting settlement in the mutual consent

petition to be filed before Srirangapattana Court. The

respondent also agreed to receive the said agreed

amount. However, in view of the joint memo filed by

both the parties before this Court requesting to read

the filing of the mutual consent petition under Section

13-B of the Act before this Hon'ble Court, the principal

Bench at Bengaluru instead of Srirangapatna Court, in

the interest of justice and equity, we deem it

appropriate to accept the memo filed by both the

parties in this regard and accordingly, in clauses 4 and

5 of (III), it is read as Hon'ble High Court of

Karnataka, Bengaluru Bench instead of the Civil Judge

(Jr.Dn.) & JMFC, Srirangapattana. Hence, we place on

record the petition filed by both the parties jointly

under Section 13-B of the Act before this Court as well

as the application under Section 13-B(2) of the Act.

In terms of the judgment of the Hon'ble Apex Court in

the case of AMARDEEP SINGH Vs. HARVEEN KAUR

reported in 1(2017) 8 SCC 746, cooling period of six

months is waived.

5. The respondent, who is present before the

Court through virtual mode, acknowledges the receipt

of the demand draft for a sum of Rs.9,00,000/-

(Rupees Nine Lakhs only) who indeed had appeared

from the chambers of the learned counsel appearing

for the respondent. Learned counsel for the

respondent also concurs with the said

acknowledgement of demand draft for a sum of

Rs.9,00,000/- (Rupees Nine Lakhs only) received by

the respondent. We have perused the memorandum

of agreement. There is no legal inhibition to accept the

said memorandum of agreement. In the

circumstances, we find it appropriate to dispose of the

appeal in terms of the said memorandum of agreement

as well as the application filed under Section 13-B of

the Act before this Court.

6. Thus, the marriage solemnised on

14.05.2009 between the parties at Sri Jayalakshmi

Kalyana Mantap, Srirangapattana is dissolved by

decree of divorce as claimed by the parties under

Section 13(B) of the Act and the memorandum of

agreement dated 16.09.2021.

7. Accordingly, The appeal stands disposed of

in terms of the above. The Registry shall draw up the

decree in terms of the memorandum of agreement and

the petition filed under Section 13(B) of the Act as

aforesaid.

Sd/-

JUDGE

Sd/-

JUDGE

KTY