Sri. K. C. Poornesh vs Smt. M. M. Bindu
2023 Latest Caselaw 11281 Kant

Citation : 2023 Latest Caselaw 11281 Kant
Judgement Date : 20 December, 2023

Karnataka High Court

Sri. K. C. Poornesh vs Smt. M. M. Bindu on 20 December, 2023

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                                                     MFA No. 7710/2022




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 20TH 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.7710/2022 (FC)

                BETWEEN:

                SRI K.C.POORNESH
                S/O LATE CHANDRE GOWDA
                AGED ABOUT 38 YEARS
                R/AT GADDEMANE, ANOOR
                HALLIHITLU VILLAGE
                CHIKKAMAGALURU TALUK & DISTIRCT 577 101      ...APPELLANT

                (BY SRI D.NAGARAJU, ADVOCATE)

                AND:

                SMT. M.M.BINDU
                W/O K.C. POORNESH
Digitally       D/O LATE MANJUNATH M.R
signed by K S   AGED ABOUT 31 YEARS
RENUKAMBA       R/AT MUDREMANE VILLAGE
Location:       JOGANNANAKERE POST
High Court of
Karnataka       MUDIGERE TALUK
                CHIKKAMAGALURU DISTRICT 577 101             ...RESPONDENT

                (BY SRI KETHAN KUMAR, ADVOCATE)

                      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                SECTION 19(1) OF FAMILY COURT ACT READ WITH SECTION 28(1)
                OF THE HINDU MARRIAGE ACT PRAYING TO SET ASIDE THE
                JUDGMENT AND DECREE DATED 01.10.2022 PASSED BY THE
                PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALURU IN
                M.C.NO.33/2022 ALLOWING THE PETITION FILED UNDER SECTION
                13 OF THE HINDU MARRIAGE ACT, 1955.
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                                            MFA No. 7710/2022




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

Appellant, respondent and their respective Counsel are

present. Both parties are duly identified by their respective

Counsel.

2. Both parties submit the applications under

Section 13B and Section 13B(2) of the Hindu Marriage Act,

1955 (for short 'the Act') seeking dissolution of marriage by

mutual consent. The parties admit voluntary execution of the

applications and terms of the same.

3. Heard both side and perused the records.

4. Satisfied that the parties have voluntarily filed

joint applications stated above.

5. The marriage of the appellant and the respondent

was solemnized on 12.04.2019 at Raitha Bhavan, Mudigere.

The respondent filed M.C.No.33/2022 before the Principal

Judge, Family Court, Chikkamagaluru against the appellant

seeking decree for dissolution of marriage on the ground of

cruelty and desertion.

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6. The trial Court by the impugned judgment and

decree dated 01.10.2022 allowed the petition, granted decree

for divorce and awarded permanent alimony to the

respondent at the rate of Rs.20,000/- per month till her life

time or till she gets remarried whichever is earlier.

7. The appellant challenged the said decree in the

above appeal.

8. As submitted by the parties, pending this appeal,

they have entered into settlement as stated in their

applications under Section 13B and 13B(2) of the Act. As

submitted by the parties and as per the records, both parties

are living separately since more than three years. Both have

agreed for dissolution of their marriage by mutual consent

and withdrew the allegations made against each other. The

respondent has agreed to give up her claim for alimony

awarded by the trial Court. It is also submitted that on the

complaint of the respondent, the appellant is being tried in

S.C.No.10/2020 on the file of II Additional Sessions Judge,

Chikkamagalur and she cooperates with the appellant for

quashing those proceedings. The parties have agreed that the ` -4- NC: 2023:KHC:46557-DB

appellant is entitled to withdraw Rs.1,00,000/- deposited

before this Court.

9. Satisfied that the parties are residing separately

for more than three years, there is no chance of reunion and

they have reached the point of no return. Since the

proceedings are pending for nearly two years cooling period

of six months contemplated under Section 13B of the Act is

hereby waived, the compromise is recorded.

10. Under the aforesaid facts and circumstances, the

appeal deserves to be allowed. Hence, the following:

ORDER

The appeal is allowed.

The impugned judgment and decree in M.C.No.33/2022

on the file of the Principal Judge, Family Court,

Chikkamagaluru is hereby set aside.

The applications filed by the appellant and the

respondent under Sections 13B and 13B(2) of the Act are

hereby allowed.

The marriage of the appellant and the respondent

solemnized on 12.04.2019 at Raitha Bhavana, Mudigere is ` -5- NC: 2023:KHC:46557-DB

hereby dissolved. The allegations made by the parties against

each other stood withdrawn.