Karnataka High Court
Smt. Rajeshwari Alias Akshata W/O ... vs Suresh S/O Mallappa ... on 5 July, 2022
Bench: Krishna S Dixit, P.Krishna Bhat
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MFA No. 101694 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 05TH DAY OF JULY, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MISCELLANEOUS FIRST APPEAL NO. 101694 OF 2021 (FC-)
BETWEEN:
1. SMT. RAJESHWARI ALIAS AKSHATA
W/O SURESH SANABASAPPANVAR
AGE: 24 YEARS, OCC: HOUSEHOLD WORK
R/O DEVANAL,
TQ AND DIST: BAGALKOT, 587101
2. SHRI. SURESH
S/O. MALLAPPA SANABASAPPANAVAR
AGE. 30 YEARS, OCC. AGRICULTURE
R/O. DEVANAL,
TQ AND DIST. BAGALKOT, 587101.
... APPELLANTS
(BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE)
AND:
RESPONDENT- NIL
THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT
Digitally
signed by
SUJATA
SUBHASH
PAMMAR
1984, AGAINST THE JUDGEMENT AND DECREE DATED 24.03.2021
Location:
HIGH COURT
OF PASSED IN MATRIMONIAL CASE NO.76/2020 ON THE FILE OF THE
KARNATAKA,
DHARWAD
PRINCIPAL JUDGE, FAMILY COURT, BAGALKOT, DISMISSING THE
PETITION AS NOT MAINTAINABLE.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING.
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MFA No. 101694 of 2021
JUDGMENT
The appellants being married couple have had jointly
moved M.C.No.76/2020 before the Principal Judge, Family
Court, Bagalkot seeking dissolution of their marriage under
Section 13-B of the Hindu Marriage Act, 1955 (for short "the
Act"), the said marriage having been solemnized on
02.05.2014 at farmhouse of the husband, when the wife had
not yet attained the age of majority.
2. The Family Court, Bagalkot vide judgment &
decree dated 24.03.2021 has negatived the petition on the
sole ground that, the wife having had not attained the
majority on the date of the marriage, the solemnization
would not bring into existence, the marital relationship
between the parties by virtue of Section 5(3) of the Act.
3. Both the husband and wife have now filed a joint
affidavit dated 27.06.2022 to have their marriage dissolved
so that they can structure their lives as they want hereafter.
The terms agreed to by and between the parties read as
under:
MFA No. 101694 of 2021
"5. We have agreed on the following terms for
dissolution of our marriage.
a. That, I smt. Rajeswari (Appellant No.1) will
not claim maintenance from Sri Suresh
(Appellant No.2) and I Rajeswari will relinquish
my all right to claim maintenance against the
person and property of Sri Suresh.
b. That, both of us have not consumed our
marriage/marital life. I Smt. Rajeshwari accepts
and declare that I am not pregnant as on today
i.e. 27.06.2022.
c. That, both of us have agreed that, after the
dissolution of our marriage, we both are having
liberty to lead our independent life of our own
choice and no one will interfere in each other's
life.
4. We have perused the joint affidavit in question;
we had a short interaction with the parties present before us.
The impugned judgment & decree are apparently wrong
inasmuch as two years also have lapsed after the wife
attained majority by virtue of Section 3 of the Prohibition of
Child Marriage Act, 2006. The learned counsel for the
appellants has rightly relied on the decision of Apex Court in
MFA No. 101694 of 2021
the case of Yogesh Kumar Vs. Priya in FAO No.855/2021,
in support of this.
5. Both the parties wants to put an end to the
marital relationship in terms of Joint Affidavit. There is no
factual or legal impediment for disposing off this petition as
per the agreed terms.
6. This appeal is allowed; the impugned judgment &
decree of the Family Court having been reversed,
M.C.No.79/2020 is favoured to the effect that the marriage
between the parties solemnized on 02.05.2014 at the farm
house of 2nd appellant has been dissolved. Ordered
accordingly.
Registry to draw decree.
Sd/-
JUDGE
Sd/-
JUDGE
YAN
