Karnataka High Court
K E Mallikarjuna G vs Shubharani on 15 December, 2023
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NC: 2023:KHC:45816-DB
MFA No.6664/2022
C/W MFA No.3144/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO. 6664/2022(MC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 3144/2021(MC)
M.F.A.No.6664/2022
BETWEEN:
K E MALLIKARJUNA G
S/O ESHWARAPPA GOWDA
AGED ABOUT 37 YEARS
AGRICULTURIST
R/O AMMANA PUNYAKOTI NILAYA
GENASINKUNI VILLAGE
AVINAHALLI HOBLI
SAGAR TALUK - 577 417 ...APPELLANT
Digitally signed (BY SRI.ASHWATH C.M., ADVOCATE)
by PRABHU
KUMARA AND:
NAIKA
Location: High
Court of SHUBHARANI
Karnataka W/O K E MALLIKARJUNA
D/O SOMASHEKHARA GOWDA
AGED ABOUT 28 YEARS
R/O KAMADOORU
ALAVALLI VILLAGE
KEREHALLI HOBLI
HOSANAGARA TALUK - 577 418 ...RESPONDENT
(BY SRI B N SURESH BABU, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 28(1) HINDU MARRIAGE ACT, 1955, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 14.07.2022 PASSED IN
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NC: 2023:KHC:45816-DB
MFA No.6664/2022
C/W MFA No.3144/2021
MC NO.18/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC,
HOSANAGAR, ALLOWING THE PETITION FILED UNDER SECTION 9 OF
HINDU MARRIAGE ACT, 1955.
M.F.A.NO.3144/2021
BETWEEN:
MALLIKARJUNA
S/O ESHWARAPPA GOWDA
AGED ABOUT 37 YEARS
AGRICULTURIST
R/O GENASINKUNI VILLAGE
SAGAR TALUK
SHIVAMOGGA - 577 417 ...APPELLANT
(BY SRI.ASHWATH C.M., ADVOCATE)
AND:
SHUBHARANI
W/O MALLIKARJUNA
D/O SOMASHEKHARA GOWDA
AGED ABOUT 26 YEARS
R/O KAMADOORU
KEREHALLI HOBLI
KENCHANALE POST
HOSANAGARA TALUK
SHIVAMOGGA ...RESPONDENT
(BY SRI B N SURESH BABU, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 28(1) HINDU MARRIAGE ACT, 1955, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 06.03.2021 PASSED IN
MC NO.52/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC, SAGAR, DISMISSING THE PETITION FILED UNDER
SECTION 13(1) I(A) AND I(B) OF HINDU MARRIAGE ACT, 1955.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
ADMISSION THIS DAY, K.S.MUDAGAL J., DELIVERED THE
FOLLOWING:
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MFA No.6664/2022
C/W MFA No.3144/2021
JUDGMENT
Both Counsel and the parties are present. The parties are
duly identified by their respective Counsel.
2. Both parties have filed application under Section
13B of the Hindu Marriage Act,1955 read with Order XXIII Rule
3 of CPC. Both parties admitted the voluntary execution of the
petition and terms of the same.
3. Heard both side.
4. In both the appeals the appellant is the husband
and respondent is the wife. Respondent filed M.C.No.97/2019
renumbered as M.C.No.18/2019 before the Senior Civil Judge
and JMFC, Hosanagara, against the appellant seeking
restitution of conjugal rights. The appellant filed
M.C.No.52/2017 before the Additional Senior Civil Judge and
JMFC, Sagar against the respondent for dissolution of marriage,
on the ground of cruelty and desertion. Petition of the wife for
restitution came to be allowed and the husband's petition for
dissolution of marriage was rejected. Challenging the said
order, the above appeals are filed by the husband.
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5. The marriage of the parties was solemnized on
25.02.2016 as per the Hindu rites. The parties are governed by
Hindu Marriage Act, 1955 ('the Act' for short). Now they
have filed the above petition under Section 13B of the Act read
with Order XXIII Rule 3 of CPC seeking dissolution of marriage
by mutual consent. On enquiring both the parties and
examining the records, it is found that the parties are living
separately since 2016 and all efforts of the elders and
Mediation Centre in the trial Court to unite the parties have
failed. The father of the respondent is also present, he
expresses the same thing.
6. Respondent admits that she has agreed to give up
her claim of alimony against the appellant on receiving
Rs.5,00,000/-. She admits the receipts of Rs.5,00,000/- under
demand draft No.816708 dated 14.12.2023 drawn on
Karnataka Gramin Bank, Avanahalli Branch.
7. On hearing the parties, satisfied that there is no
chance of reunion of the parties. The parties are living
separately for more than seven years. Requirement of Section
13B and 14 of the Act that the petition shall be presented only
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after expiry of period of one year from the date of marriage is
complied. So far as the other requirement that the matter shall
not be taken up for hearing before six months of the
presentation of the petition, it can be relaxed as the parties are
fighting this litigation since 2016.
8. Satisfied that the parties have entered into
settlement voluntarily without any inducement or pressure and
on understanding the implications of their acts. Therefore, it is
a fit case to record the settlement entered into between the
parties and pass decree for dissolution of marriage. Hence, the
following:
ORDER
Appeals are allowed.
(i) The impugned judgment and decree in M.C
No.18/2019 passed by the Senior Civil Judge and JMFC,
Hosanagara and in M.C.No.52/2017 passed by the Additional
Senior Civil Judge and JMFC, Sagara are hereby set aside.
(ii) Petition in M.C.No.18/2019 is dismissed.
(iii) Petition under Section 13B of the Act read with
Order XXIII Rule 3 of CPC is hereby allowed.
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(iv) The judgment in M.C.No.52/2017 is modified in
terms of compromise petition.
(v) The marriage of the appellant and respondent
solemnized on 25.02.2016 at Kamaduru village is hereby
dissolved.
(vi) Respondent has given up her rights of interim
alimony by receiving Rs.5,00,000/- in full settlement of her
claim.
(vii) Both parties have withdrawn the allegations made
against each other and they have given up the rights arising
out of their aforesaid marriage against each other.
Draw decree accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
PKN
