Karnataka High Court
Sri K Lakshminarayana vs Smt K J Bhavya on 8 December, 2023
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NC: 2023:KHC:44566-DB
MFA No. 7133/2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH 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.7133/2022 (MC)
BETWEEN:
SRI K. LAKSHMINARAYANA
POLICE SUB INSPECTOR
S/O D KEMPAIAH
AGED ABOUT 43 YEARS
WORKING AT SAKLESHPURA
RURAL POLICE STATION
SAKLESHPURA TOWN
SAKLESHPURA TALUK
HASSAN DISTRICT
PRESENTLY R/AT NO.513
ANCHEPALYA, SRIKANTAPURA
PALEKAMMA TEMPLE ROAD
NAGASANDRA POST
Digitally BANGALORE - 560 073 ...APPELLANT
signed by K S
RENUKAMBA
(BY SRI.C.H.JADHAV, SENIOR COUNSEL FOR
Location:
High Court of SMT.RASHMI JADHAV, ADVOCATE)
Karnataka
AND:
SMT K J BHAVYA
W/O K LAKSHMINARAYANA
D/O K B JAGADISH
AGED ABOUT 35 YEARS
R/AT KAMBAIAHNAPALYA VILLAGE
KASABA HOBLI
NELAMANGALA TALUK
BANGALORE RURAL - 562 123 ...RESPONDENT
(BY SRI.GOPI G.A., ADVOCATE)
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NC: 2023:KHC:44566-DB
MFA No. 7133/2022
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 28(1) OF THE HINDU MARRIAGE ACT, PRAYING TO SET
ASIDE THE JUDGMENT AND DECREE DATED 13.09.2022 PASSED IN
MC NO.18/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC, NELAMANGALA, DISMISSING THE PETITION FILED
U/S.13(1)(IA) OF THE HINDU MARRIAGE ACT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
JUDGMENT
Appellant, respondent and their Counsel 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 ('the Act' for short) seeking
dissolution of Marriage by mutual consent along with their
affidavits.
3. Heard the parties on application. Both of them
admit that they have voluntarily agreed for dissolution of
marriage by mutual consent and the terms stated in the
affidavit.
4. Heard both Counsel in the matter.
5. This appeal arises out of order of dismissal of the
petition of the appellant for decree for dissolution of their
marriage under Section 13(1)(ia) of the Act. The marriage of
the appellant and respondent was solemnized on 10.03.2010.
NC: 2023:KHC:44566-DB
Out of the said wedlock, the couple were blessed with a
daughter by name Yogitha.L on 13.12.2012. The parties are
living separately since 15.08.2012 due to differences between
them.
6. On issuing notice dated 18.08.2012 to the
respondent, appellant filed MC No.28/2012 against the
respondent for restitution of conjugal rights. That was
withdrawn on 05.02.2013 on the respondent expressing her
willingness to join the appellant. Again, they could not
reconcile. Therefore, the appellant filed MC No.93/2013 against
the respondent seeking decree for dissolution on the ground of
cruelty. The trial Court by the impugned judgment and decree
dismissed the same on 30.01.2016. Now the parties under the
above referred the application are seeking dissolution of their
marriage by mutual consent.
7. Both the parties are well qualified, the appellant is
police sub inspector and respondent is an advocate. They are
able to understand the implication of their acts. By the
aforesaid agreement, the respondent has consented for
dissolution of the marriage on receiving Rs.40,00,000/- as
permanent alimony under the below mentioned demand drafts:
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Sl. Demand Amount in
Date Drawn on
No. Draft No. Rs.
1. 399403 31.10.2023 15,00,000/- SBI, R.M.Vilas Extn.
Bangalore.
2. 181358 31.10.2023 15,00,000/- Karnataka Bank Ltd.,
City Civil Court,
Bangalore.
3. 451163 31.10.2023 10,00,000/- Canara Bank,
Chikkabidarakallu
Branch, Bangalore.
That is also evident from the copies of the memo and order
sheet of Crl.Misc.No.159/2023 dated 07.11.2023 produced by
the parties. Those records further show that on receipt of such
amount, the respondent has withdrawn the petition filed by her
under Section 125 Cr.PC. As the parties are living separately
for more than 10 years, the requirement of Section 13B that
the petition shall be preceded by one year separation of the
parties is satisfied.
8. Having regard to the aforesaid facts and that
parties are living separately for such a long time, there is no
chance of reunion due to the difference between the parties.
The respondent has given up all her rights against the appellant
receiving Rs.40,00,000/- as permanent alimony in full
settlement of her claim. Waiting period of six months is waived
of. Satisfied that, it is a fit case to grant decree for dissolution
of marriage by mutual consent. Hence the following:
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ORDER
The appeal is allowed.
(i) The impugned judgment and order of the trial Court
dismissing the petition in MC No.18/2016 is hereby set aside.
(ii) Petition under Section 13B of the Act filed by the
parties is allowed.
(iii) The marriage of the appellant and respondent
solemnized on 10.03.2010 in Sri Gopi Venkateshwara Kalyana
Mantapa, Nelamangala is hereby dissolved.
(iv) Respondent shall have the custody of Yogitha.L, the
daughter of the couple and the appellant has the right of
visitation of the child and he shall bear the educational
expenses of the said daughter.
(v) The allegations made by the parties against each
other are withdran.
Draw decree accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
PKN
