Karnataka High Court
Smt Deepika A vs Sri G Sendil on 7 December, 2023
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NC: 2023:KHC:44385-DB
MFA No. 8042 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH 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. 8042/2022 (FC)
BETWEEN:
1. SMT. DEEPIKA A.,
AGED ABOUT 33 YEARS,
W/O SRI G. SENDIL,
R/AT No.54, I CROSS,
R. R. LAYOUT, VIJINAPURA,
BENGALURU-560016.
...APPELLANT
(BY SMT. VAISHNAVI P., ADVOCATE FOR
SRI C. PATTABI RAMAN, ADVOCATE)
AND:
Digitally 1. SRI G. SENDIL,
signed by K S
RENUKAMBA AGED ABOUT 35 YEARS,
Location: S/O SRI R. GUNASHEKHARAN,
High Court of R/AT NO.26, I FLOOR,
Karnataka
2ND MAIN ROAD, 2ND CROSS,
SRI GURU RAGHAVENDRA NAGAR,
J. P. NAGAR, 7TH PHASE,
BENGALURU-560078.
...RESPONDENT
(BY SRI MUJTABA H., ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT
AND DECREE DATED 26.08.2022 PASSED IN MC NO.688/2017 ON
THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
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MFA No. 8042 of 2022
BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION
13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
HEARING THIS DAY, K.S. MUDAGAL J., DELIVERED THE
FOLLOWING:
JUDGMENT
The appellant, her father - Aravindan Banu, respondent
and the counsel of both the parties are present before the
Court. The parties are duly identified by their respective
counsels.
2. The parties submit petition under Order XXIII Rule
3 of CPC read with Section 13B of the Hindu Marriage Act,
1955(hereinafter referred to as 'the Act' for short). The parties
are governed by the Hindu Marriage Act, 1955.
3. Heard both parties on the compromise petition.
4. Parties admit the voluntary execution of the
compromise petition and the terms of the same.
5. Sri. Aravindan Banu - father of the appellant and
the respondent admit that the respondent has repaid the loan
of Rs.3 lakhs to Sri. Aravindan Banu and the documents have
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been returned as stated in the compromise petition. The
compromise is found admissible under law.
6. Challenging the judgment and decree in M.C.
No.688/2017 passed by the VI Additional Principal Judge,
Family Court, Bengaluru granting decree for dissolution of
marriage, the appellant has preferred this appeal.
7. Some admitted facts are as follows:
The marriage of the appellant and respondent was
solemnized on 15.09.2014. The couple are blessed with a son
on 24.06.2015. The said son is in the custody of the appellant.
There were some differences between the couple therefore,
they are residing separately since September - 2016.
Respondent filed M.C. No.688/2017 against the appellant
before the VI Additional Principal Judge, Family Court,
Bengaluru seeking decree for dissolution of marriage on the
ground of cruelty. The trial Court by an adjudicatory finding
has allowed the petition and granted decree for dissolution of
marriage.
8. Pending this appeal, the parties have entered into a
settlement. Accordingly they have submitted the memorandum
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of compromise as aforesaid. The parties have settled the
matter according to the terms stated in the said compromise
petition and seek dissolution of marriage by mutual consent.
9. On hearing the parties, the Court is satisfied that
the parties have reached a point of no return and the marriage
is emotionally and practically dead for them. The requirements
of Section 13B of the Act that the petition shall be submitted
after six months of the marriage, which shall be preceded by
one year separation of the parties, are satisfied. Under the
circumstances, satisfied that the compromise is admissible
under law.
10. The appellant admits the receipt of Rs.15 lakhs by
way of Demand Drafts as stated below:
Sl. Particulars Amount in Rs.
No.
1. DD No.058092 dt. 26.10.2023 Rs.7,50,000/-
2. DD No.002129 dt. 27.10.2023 Rs.5,00,000/-
3. DD No.032249 dt.26.10.2023 Rs.1,50,000/-
4. DD No.058099 dt. 30.10.2023 Rs.50,000/-
5. DD No.016257 dt.27.10.2023 Rs.30,000/-
6. DD No.032251 dt. 27.10.2023 Rs.20,000/-
TOTAL Rs. 15,00,000/-
11. The parties have agreed that their son - Prathyush
shall be in the custody of the appellant. The respondent has
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given up his right of visitation of the child. Appellant, her
father and the respondent also admit that the financial
transaction between them is settled as stated in the
compromise petition. The parties have admitted that they have
withdrawn the allegations made against each other and not to
pursue any civil or criminal remedies arising out of their
matrimonial relationship.
12. Considering the aforesaid facts and circumstances,
the appeal deserves to be allowed in terms of the compromise
petition. Hence, the following:
ORDER
Appeal is allowed.
(i) The impugned judgment and decree for dissolution
of marriage on the ground of cruelty is hereby set aside.
(ii) The petition of the parties under Section 13B of the
Act is allowed.
(iii) The marriage of appellant and the respondent
solemnized on 15.09.2014 at Shivaparvathi Kalyana Mantapa,
Chikkabanaswadi, Bengaluru is hereby dissolved.
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(iv) Appellant is declared as exclusive guardian of their
son - Prathyush, aged 8 years, till he attains majority. The
respondent has given up his right of visitation of child.
(v) Appellant on receiving Rs.15 lakhs in full settlement
of her claim, has given up her right of alimony.
(vi) The claim between the respondent and the father of
the appellant for Rs.3 lakhs is also settled.
Draw decree accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
VBS
