Karnataka High Court
Sri Rajesh H N vs Smt. Rohini H S on 2 August, 2024
Author: K.Somashekar
Bench: K.Somashekar
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MFA No. 647 of 2023
C/W MFA No. 675 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 647 OF 2023 (FC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 675 OF 2023 (FC)
IN MISCELLANEOUS FIRST APPEAL NO. 647 OF 2023:
BETWEEN:
SRI. RAJESH H. N.,
S/O. MR. NANJUNASWAMY H. K.,
AGED ABOUT 36 YEARS,
R/AT NO. 59/2, HEBSUR VILLAGE,
SALIGRAMA HOBLI, K. R. NAGAR TALUK,
MYSURU DISTRICT.
...APPELLANT
(BY SRI. V. RANGARAMU, ADVOCATE)
Digitally signed by
AASEEFA PARVEEN
Location: HIGH COURT AND:
OF KARNATAKA
SMT. ROHINI H. S.,
W/O. MR RAJESH H. S.,
D/O. MR H. S. SRIRANGA,
AGED ABOUT 34 YEARS,
RESIDING AT NO 569,
SHREYA, FIRST FLOOR,
BEHIND VENKATARAMANA,
SWAMY TEMPLE, OIL MILL ROAD,
CHAMARAJA MOHALLA,
(OPP TO RAGHAVENDRASWAMY MUTT ROAD)
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MFA No. 647 of 2023
C/W MFA No. 675 of 2023
MYSURU CITY AND DISTRICT
...RESPONDENT
(BY SRI. H.C. SHIVARAMU, ADVOCATE)
THIS MFA FILED U/S.19(1) FAMILY COURT ACT, AGAINST
THE JUDGMENT AND DECREE DATED 17.12.2022 PASSED IN
MC NO.293/2021 ON THE FILE OF THE III ADDITIONAL
PRL. FAMILY JUDGE, MYSURU, DISMISSING THE PETITION
FILED U/S.13(1)(ia)(iii) OF HINDU MARRIAGE ACT.
IN MISCELLANEOUS FIRST APPEAL NO. 675 OF 2023:
BETWEEN:
SRI. RAJESH H. N.,
S/O. MR. NANJUNDASWAMY .H.K,
AGED ABOUT 36 YEARS,
R/AT NO. 59/2, HEBBUR VILLAGE,
SALIGRAMA HOBLI, K.R. NAGAR TALUK,
MYSURU DISTRICT.
...APPELLANT
(BY SRI. V. RANGARAMU, ADVOCATE)
AND:
SMT. ROHINI H. S.,
W/O. MR. RAJESH H.N.,
D/O. MR. H.S. SRIRANGA,
AGED ABOUT 34 YEARS,
RESIDING AT NO.569, SHREYA, FIRST FLOOR,
BEHIND VENKATARAMANA SWAMY TEMPLE,
OIL MILL ROAD, CHAMARAJA MOHALLA,
(OPP. TO RAGHAVENDRASWAMY MUTT ROAD),
MYSURU CITY AND DISTRICT
...RESPONDENT
(BY SRI. H.C. SHIVARAMU, ADVOCATE)
THIS MFA FILED U/S 19(1) OF FAMILY COURTS ACT
AGAINST THE JUDGMENT AND DECREE DATED 17.12.2022
PASSED IN MC NO.386/2021 ON THE FILE OF THE III
ADDITIONAL PRL. FAMILY JUDGE, MYSURU, DISMISSING THE
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MFA No. 647 of 2023
C/W MFA No. 675 of 2023
PETITION FILED UNDER SECTION 13(1)(ia)(iii) OF THE HINDU
MARRIAGE ACT.
THESE APPEALS ARE COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
AND
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This appeal is filed challenging the impugned
judgment and decree rendered by the Court below in
M.C.No.293/2021 and M.C.No.386/2021 dated
17.12.2022. However, for disposal of these appeals
relating to the aforesaid impugned judgment and decree
rendered by the Court below, it is deemed appropriate to
refer the status of the party to the proceedings. The
proceedings in M.C.No.293/2021 under Section 13(1)(ia)
and (iii) of Hindu Marriage Act for dissolution of marriage
has initiated by Sri.Rajesh.H.N against his wife who is
arraigned as respondent namely Smt.Rohini.H.S. Whereas
the proceedings in M.C.No.386/2021 under Section 9 of
the Hindu Marriage Act for seeking restitution of conjugal
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rights has initiated by Smt.Rohini.H.S against her husband
who is arraigned as respondent namely Sri.Rajesh.H.N.
Whereas both the proceedings has been initiated by the
party to the said proceedings which is indicated therein
and also reflected in the common judgment rendered by
the Court below. The same has been reflected in the
operative portion of the order which has rendered by the
Court below in a common judgment. The same has been
challenged under this appeal by urging various grounds.
2. Learned counsel Sri.Rangaramu.V for the
appellant and Sri.H.C.Shivaramu, learned counsel for
respondent are present before this Court physically
inclusive of keeping physical presence of Sri.Rajesh.H.N
and Smt.Rohini.H.S who are the party to the aforesaid
matrimonial proceedings which has initiated by them
respectively before the Court of law for seeking the relief
as under the relevant provisions of the Hindu Marriage Act,
1955.
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3. This appeal has referred to Karnataka Mediation
Centre to explore the possibility of amicable settlement in
terms of the issues which has emerged in-between the
party to these appeal proceedings. Accordingly, the
memorandum of agreement under Section 89 of CPC read
with Rules 24 and 25 of the Karnataka Civil Procedure
(Mediation) Rules, 2005 is filed, wherein both the parties
herein stated their status that their marriage was
performed on 01.02.2017 as per the customs prevailing in
their society. The parties states and also admits that due
to irreconcilable differences and incompatibility of
temperaments of their family affairs that they did not have
any marital relationship between since 07.02.2021. The
efforts even though made by the elders, friends and well
wishers to resolve the differences between the parties did
not yield any fruits. There is absolutely no chance of
reunion between them. They know that their marriage is
irretrievably broken down and there are no chances of
reunion to lead happy married life. Hence, both the parties
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have agreed and accepted to agree for dissolution of their
marriage dated 01.02.2017.
4. It is further stated that the appellant and the
respondent stated that they have no children born to them
from their wedlock.
5. The appellant and respondent have mutually
agreed to settle all their disputes, claims once for all
towards maintenance/permanent alimony. In pursuance of
the same the appellant/husband has agreed to give the
respondent/wife a sum of Rs.20,50,000/-. The said
amount shall be paid in three installments of
Rs.7,50,000/- on 20.06.2024 at the time of reporting
settlement before this Court, the second installment of
Rs.7,50,000/- on 20.08.2024 and the third and final
installment of Rs.5,50,000/- on 20.10.2024.
6. This condition has been stated in mediation
report in paragraph No.4, but the learned counsel for the
parties in this matter and so also in the presence of the
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party to the appeal proceedings submits that the entire
agreed amount of Rs.20,50,000/- has already been paid
by the appellant/husband to his wife/respondent. The
respondent who is present before the Court namely
Smt.Rohini.H.S and she has submitted that and also it is in
the presence of the learned counsel for the parties and
also the appellant who is her husband that the entire
amount of Rs.20,50,000/- has already been received by
her. This submission made by the learned counsel for the
parties in the presence of the aforesaid respondent/wife is
also taken on record inclusive of condition No.4 in the
mediation report.
7. The respondent/wife has handed over the key
of the house situated at Nanjangud to the
appellant/husband and the appellant/husband
acknowledges having received the same.
8. The appellant/husband has handed over all the
clothes belonging to the respondent/wife and the
respondent/wife acknowledges having received the same.
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9. Apart from that both the parties agree that
their shall be no exchange of gifts/gold/silver/articles
given at the time of their marriage to each other.
10. Both the parties hereby declare that they shall
have no other claims of any nature whatsoever against
each other either past, present and future.
11. Both the parties herein state that there is no
undue influence, force or coercion in entering into this
agreement from anyone of anything.
12. The appellant hereby agreed that in view of the
aforesaid settlement arrived between the parties the
respondent/wife shall not make any claim in future
towards maintenance/permanent alimony or any other
claim on her behalf.
13. Both the parties shall not have any claim
against each other in respect of their all other
movable/immovable properties either existing or to be
acquired by them in future.
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14. The parties herein withdraw all the allegations
made against each other.
15. Both the parties admit that they shall not
interfere in personal, professional life of each other's lives
for any reason of whatsoever from this day.
16. With these conditions to settle the issues in-
between the party to the proceedings and also both the
parties withdrawal all the allegations made against each
other.
17. In view of the aforesaid settlement arrived at
between the parties to the proceedings who are the
parties to this appeal and they praying to pass appropriate
orders dissolving their marriage in terms of the
agreement/settlement.
18. The condition which has specifically stated in
the mediation report and also the report it is made in the
presence of the party to the appeal proceedings and the
same has been hereby applies to them. Consequently,
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they have submitted that mediation report has to be
considered in accordance with law.
19. Keeping in view the mediation report in detail
submitted by the Karnataka Mediation Centre and also
keeping in view the presence of the learned counsel for
the parties in both these appeals as well as in the
presence of the parties in these appeals matters are
concerned, it is deemed appropriate that the mediation
report which has submitted by the Karnataka Mediation
Centre is taken on record.
20. However, the proceedings in M.C.No.386/2021
dated 17.12.2022 rendering the judgment and decree by
the Court below relating to Section 9 of the Hindu Marriage
Act, 1955 and the same stands setting aside.
21. The proceeding in M.C.No.293/2021 dated
17.12.2022 even though common judgment and decree
rendered by the Court below. But the aforesaid proceeding
has been initiated by the husband namely Sri.Rajesh.H.N
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as under Section 13(1)(ia) and (iii) of the Hindu Marriage
Act, 1955 and dissolution of marriage where the relief has
been sought by him is hereby considered and allowed.
22. Consequently, both the appeals are hereby
disposed of.
Accordingly, the concerned branch is directed to draw
the decree accordingly.
Sd/-
(K.SOMASHEKAR)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
NS
CT:TSM
