Smt Jaya Rani vs Sri Vinod Kumar
2022 Latest Caselaw 12062 Kant

                                      M.F.A.No.1494/2014

                               1

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF SEPTEMBER 2022

                            PRESENT

         THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

                             AND

           THE HON'BLE MR. JUSTICE S.RACHAIAH

  MISCELLANEOUS FIRST APPEAL NO.1494/2014(FC)
BETWEEN:

SMT.JAYA RANI
W/O SRI.M VINOD KUMAR
AGED 29 YEARS
R/AT NO.487, 6TH CROSS
9TH MAIN, 2ND BLOCK
H.B.R. LAYOUT
KACHARAKANAHALLI
KALYANA NAGAR
BANGALORE - 560 085
R/AT NO.618/A, GROUND FLOOR
VEERABHADRAPPA ROAD
R.S.PALYA, MARUTHISEVANAGAR P.O.
BANGALORE - 560 033                         ...APPELLANT

(BY SMT.T.R.RAJESHWARI, ADVOCATE)

AND:

SRI.VINOD KUMAR
S/O B.N.MOHAN
AGED ABOUT 32 YEARS
R/AT NO.132, "SAI NILAYA"
ST.THOMAS TOWN POST
KAMMANAHALLI
BANGALORE

R/AT NO.618/A, GROUND FLOOR
VEERABHADRAPPA ROAD
R.S.PALYA, MARUTHISEVANAGAR P.O.
                                                M.F.A.No.1494/2014

                                 2

BANGALORE - 560 033                                 ...RESPONDENT

(BY SRI.G.DEVARAJ, ADVOCATE)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF THE FAMILY COURT ACT,1984 PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 21.11.2013 PASSED
BY THE PRINCIPAL JUDGE, FAMILY COURT, BANGALORE IN
M.C.NO.91/2012.


     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
FURTHER HEARING THIS DAY, K.S.MUDAGAL J., DELIVERED
THE FOLLOWING:

                             JUDGMENT

Appellant, respondent and their respective counsel are

present. The parties are duly identified by their respective

counsel. Parties filed joint applications under Section

13(B)(1) and 13(B)(2) of the Hindu Marriage Act, 1955 ( for

short 'the Act')

2. Heard the parties on the applications. The parties

admits voluntary execution of the applications and terms of

settlement.

3. Aggrieved by the decree of divorce granted by

the trial Court in M.C.No.91/2012, the wife has preferred this

appeal. The trial court has granted decree of divorce under

Section 13(1)(ia) of the Act.

M.F.A.No.1494/2014

4. Out of the marriage on 10.10.2011 the couple

begot son by name Arjun. Admittedly, after the birth of the

child the parties are living separately. The petition for divorce

before the trial Court itself was filed in 2012.

5. Having regard to the fact that the respondent has

already remarried and has two children out of the second

marriage, the parties have decided that conjugal reunion is

not possible. The respondent has withdrawn all the

allegations made against the appellant. Satisfied that there is

no coercive compulsion to the parties in filing these

applications.

6. The terms of settlement between the parties

regarding custody of the child and alimony as stated in para

Nos.10 to 12 of the application are as follows:

"10. The appellant/ applicant No.1 respondent/ applicant No.2 submit that the child shall be in the permanent custody of the appellant/ applicant No.1 and the respondent/ applicant No.2 shall have the visitation rights as and when he wishes. The respondent/ applicant No.2 shall before visiting the child inform the appellant/applicant No.1.

11. The respondent applicant No.2 has in view of the settlement agreed to pay a monthly maintenance of Rs.15,000/- towards appellant applicant No.1 and Rs.10,000/- towards the child Master Arjun every month and he undertakes to transfer the said amount M.F.A.No.1494/2014

every month to the account of the appellant/ applicant No.1 within 10th of every month. The respondent/ applicant No.2 agreed to pay enhanced maintenance at 5% for once in every three years.

12. The respondent further undertakes to bear the educational expenses of the child such as school fee, books, uniforms, tuition, travelling expenses and also for the curricular activities of the child when ever he desire. The respondent/ applicant No.2 further assures that he will give his support in all aspects for the total and healthy upbringing of the child. And shall be a supporting father".

7. Having regard to the aforesaid facts and

circumstances and agreement between the parties for

dissolution of marriage by mutual consent, permission is

granted to convert the petition from one under Section

13(1)(ia) to 13(B)(1) of the Act. Exercising the discretion

under Section 13(B)(2) of the Act the waiting period of six

months is waived of. The impugned judgment and decree of

the trial Court has to be set aside.

9. In view of agreement of the parties as aforesaid,

the appeal is allowed. The impugned judgment and decree is

hereby set aside. The marriage between the appellant and

respondent solemnized on 31.07.2006 is hereby dissolved by

mutual consent of the parties.

M.F.A.No.1494/2014

i) The respondent shall have the visitation rights as

and when he wishes with prior intimation to the

appellant/wife and she shall cooperate for the same.

ii) He shall pay maintenance of Rs.15,000/- per

month to the appellant/wife till her lifetime or till she

remarries.

iii) He shall pay maintenance of Rs.10,000/- per

month to the son/Master Arjun till completion of his

education.

iv) The aforesaid maintenance shall be revised with

the hike at the rate of 5% once in three years.

v) He shall bear the educational expenses of the

child such as School fee, Books, Uniforms, Travelling

expenses, Tuition fee, curricular activities as and when

required.

vi) As a parent the respondent shall also extend all

support to the appellant in total healthy upbringing of the

child as agreed by him before the Court.

M.F.A.No.1494/2014

Draw decree accordingly.

In view of disposal of the main appeal, pending IAs

stood disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

PKN