Mrs. Divya Ganesh Nallur vs Nil
2023 Latest Caselaw 3045 Kant

                                             -1-
                                                    NC: 2023:KHC:19440
                                                      WP No. 24429 of 2022



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 8TH DAY OF JUNE, 2023

                                          BEFORE

                         THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                         WRIT PETITION NO. 24429 OF 2022 (GM-FC)
                   BETWEEN:

                   1. MRS. DIVYA GANESH NALLUR,
                      W/O MR. GANESH NALLUR SHIVU,
                      AGED ABOUT 45 YEARS,
                      RESIDING AT NO.36, 6TH MAIN RAOD,
                      TATANAGAR, BANGALORE-560 092.

                   2. MR. GANESH NALLUR SHIVU,
                      S/O MR. SHIVU N.S,
                      AGED ABOUT 46 YEARS,
                      RESIDING AT NO.36, 6TH MAIN ROAD,
                      TATANAGAR, BANGALORE 560 092.
                                                             ...PETITIONERS
                   (BY SRI. VIVEKANANDA H S, ADVOCATE)

                   AND:
Digitally signed   NIL
by CHETAN B
C                                                           ...RESPONDENT
Location: HIGH
COURT OF                THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
KARNATAKA          THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
                   IMPUGNED ORDER VIDE ANNEXURE-A DATED 15.10.2022
                   PASSED BY THE III ADDL. PRINCIPAL JUDGE, FAMILY COURT,
                   BANGALORE IN MC NO.3330/2021 AND ALLOW THE
                   M.C.PETITION BEARING M.C.NO. 3330/2021 VIDE ANNEXURE-
                   D BY DISSOLVING THE MARRIAGE SOLEMNIZED BETWEEN THE
                   PETITIONERS    ON   27.05.2001  AND   REGISTERED   ON
                   11.06.2001, BY GRANTING A DECREE OF DIVORCE BY MUTUAL
                   CONSENT.
                       THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
                   COURT MADE THE FOLLOWING:
                               -2-
                                     NC: 2023:KHC:19440
                                       WP No. 24429 of 2022



                           ORDER

Petitioners being the estranged couple, had moved a

Petition for decree of dissolution of their marriage on the

basis of mutual consent. In support of that, certain

grounds are urged. The matter having been sent to

Mediation, a report dated 2.1.2023 was furnished to the

court reporting settlement. Parties had moved a

Compromise Petition too, in terms of settlement arrived at

before the conciliator. However, learned Judge of the

Family Court, Bengaluru, has negatived the claim for grant

of dissolution of marriage on the sole ground that the

spouses are residing under the same roof.

2. Learned counsel appearing for the Petitioners

finds fault with the impugned order contending that in

matters like this, the fact that the parties are residing

under the same roof, pales into insignificance except for

the purpose of territorial jurisdiction. The fact that the

spouses are residing in the same premises could not have

been a ground for making the order of the kind. Such a

NC: 2023:KHC:19440 WP No. 24429 of 2022

flawed reasoning bewilders the Court, to say the least.

Such a fact arguably may show the good culture of the

spouses who are otherwise at loggerheads. The reason

assigned by the Court below for denying relief to the

parties constitutes an error of great magnitude apparent

on the face of the record.

In view of the above, this Petition succeeds; a Writ of

Certiorari issues quashing the impugned order; matter is

remitted to the portals of the learned Judge of the Court

below, requesting him to pass a judgment & decree in

terms of the Compromise Petition and the report of the

Mediator. This is to be done at the earliest.

Parties are directed to appear before the

jurisdictional Family Court, Bengaluru on 23.6.2023.

Costs made easy.

Sd/-

JUDGE cbc