Karnataka High Court
Shri. Bhimappa Dhanapal Halur vs Smt. Prabhavati W/O Bhimappa Hallur on 15 February, 2024
Author: S G Pandit
Bench: S G Pandit
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MFA No. 103140 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO. 103140 OF 2022 (MC)
BETWEEN:
SHRI. BHIMAPPA DHANAPAL HALLUR,
AGE: 38 YEARS,
OCC: SERVICE,
R/O. HIDKAL,
TQ: RAIBAG.
...APPELLANT
(BY SRI. CHANNAVEERAYYA S. KANAKAGIRI, ADVOCATE)
AND:
SMT. PRABHAVATI,
W/O. BHIMAPPA HALLUR,
AGE: 37 YEARS,
OCC: SERVICE,
R/O. GOVT. HIGHER PRIMARY
Digitally signed by
CHANDRASHEKAR SCHOOL, HOSALLI,
LAXMAN
KATTIMANI TQ. GANGAVATHI,
Date: 2024.02.21
15:26:35 +0530 DIST: KOPPAL-583227.
...RESPONDENT
(BY SRI. C. S. SHETTAR, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.28(1) OF
THE HINDU MARRIAGE ACT, 1955, PRAYING TO ALLOW THIS APPEAL
BY SETTING ASIDE THE JUDGMENT AND DECREE OF THE SENIOR
CIVIL JUDGE AND JMFC, RAIBAG, DATED 02.02.2021 IN MC NO.
36/2020 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS
APPEAL, COMING ON FOR ORDERS, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:
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MFA No. 103140 of 2022
JUDGMENT
This appeal is filed u/sec.28(1) of the Hindu Marriage
Act, 1955 (for short, '1955 Act') questioning the correctness
and validity of rejection of petition filed u/sec.13(1)(ia) (ib)
of 1955 Act in M.C.No.36/2020 under judgment dated
02.02.2021 on the file of Senior Civil Judge and J.M.F.C. at
Raibag.
2. Appellant-Bhimappa Dhanapal Hallur and
respondent-Smt.Prabhavati are present before the Court and
they are identified by their respective counsels.
3. Heard learned counsel for the appellant and
learned counsel for respondent.
4. Both the learned counsels for the parties today
filed two applications before the Court, one u/sec.13B of
1955 Act praying for dissolution of their marriage mutually
on terms and conditions stated in the petition, another
application u/sec.13B(ii) of 1955 Act to waive the
cooling/waiting period of 6 months.
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5. Paragraph 7 and 8 of 13B petition reads as
follows:
"7. It is submitted that the daughter-Aarohi is under
the case & custody of Respondent wife. Keeping in
mind the welfare of the daughter, in view of
maintenance to the daughter, Appellant -Husband has
agreed to deposit Rs.15,000/- per month. The said
amount shall be deposited to the account of daughter-
Aarohi on or before 5th day of every month. The same
shall be transferred via any recognized mode of
transfer to the account of daughter-Aarohi with the
Karnataka Gramin Bank, Marali Branch, Koppal Dist.
Having A/c No.10737101090985, IFSC CODE:
PKGB0010737. Said account is in the name of
daughter-Aarohi and since she is minor, the same is
operated by her guardian/mother-Respondent herein.
It is also agreed by the Respondent -wife that the said
amount shall be utilized only for educational/medical
marriage expenses of daughter and not for any other
purpose. The said amount shall be paid from February
2024 till the daughter attain 24 years."
"8. It is submitted that the Appellant/Respondent
reserves visiting rights over his daughter Aarohi ones a
month i.e., on third Sunday of every month. It is also
agreed that Appellant shall meet his daughter at any
public place at Gangavati which is under CCTV
surveillance. It is also agreed that the Appellant shall
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not force or use any undue measures/coercive steps to
take custody of the daughter Aarohi. It is also agreed
that the Appellant shall meet his daughter only in
between 10 am to 5 pm on third Sunday. In the event
of changed circumstances, the parties seek liberty to
file appropriate application to revive this order only in
so far as visiting rights of Appellant. It is also agreed
that in the event of default by the Appellant-husband in
paying the agreed maintenance, he shall not claim any
visiting rights."
6. Both appellant-husband and respondent-wife pray
for dissolution of marriage by consent.
7. Appellant-husband who is a government servant
working as Deputy Range Forest Officer has agreed to
deposit a sum of Rs.15,000/- on or before 5th of every month
towards education expenses of the daughter-Arohi who is
aged about 6 years 7 months. The amount shall be deposited
in the account of daughter-Arohi maintained at Karnataka
Grameena Bank, Marali Branch, Koppal District having
Account No.10737101090985. The appellant-husband has
further agreed to pay educational expenses of the daughter
till she attains the age of 24 years.
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8. Both the appellant and respondent have agreed
that the appellant-husband shall have visiting rights over his
daughter-Arohi once in a month i.e. on 3rd Sunday of every
month. It is also agreed between the parties that the
appellant shall meet his daughter between 10.00 a.m. to
5.00 p.m. on 3rd Sunday of every month. They have also
reserved liberty to file appropriate application in the event of
changed circumstances only insofar as visiting rights are
concerned.
9. Accepting the reasons stated in the affidavit
accompanying the application filed u/sec.13B(ii) of 1955 Act,
the said I.A. is allowed and 6 months cooling/waiting period
is dispensed with to grant mutual divorce.
10. Accepting the terms and conditions contained in
Section 13B petition, the present appeal stands disposed off
by following:
ORDER
a) The marriage of the appellant and respondent
solemnized on 24.03.2014 is hereby dissolved.
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b) The appellant shall deposit a sum of
Rs.15,000/- every month on or before 5th to
the account of daughter-Arohi i.e. Account
No.10737101090985 of Karnataka Grameena
Bank, Marali Branch, Koppal District.
c) In case, the appellant fails to deposit the
amount as agreed and directed above,
respondent is at liberty to seek attachment of
salary of the appellant-husband to the above
extent.
d) The appellant shall have visiting rights over his
daughter-Arohi and he shall visit between
10.00 a.m. to 5.00 p.m. on every 3rd Sunday.
In the changed circumstance, it is open for the
parties to make application for modification of
visiting rights only.
Sd/-
JUDGE
Sd/-
JUDGE
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