Karnataka High Court
Sri. Rajashekhar vs Smt. Mangala on 19 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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MFA No. 200442 of 2018
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCL. FIRST APPEAL NO. 200442 OF 2018 (FC-DIV)
BETWEEN:
SRI. RAJASHEKHAR S/O SHANKREPPA TOTAD,
AGE: ABOUT 32 YEARS, OCC: SERVICE,
R/O SAVANALLI, NOW AT SWATANTRYA COLONY,
NIMBARAGI BADAVANE, NEAR HANUMAN TEMPLE
VIJAYAPURA.
...APPELLANT
(BY SRI. S. S. MAMADAPUR, ADVOCATE)
AND:
SMT. MANGALA W/O RAJASHEKHAR TOTAD,
(MANGALA D/O SHIVALINGAPPA HANAGANDI),
AGE ABOUT 27 YEARS, OCC: HOUSEHOLD,
Digitally signed by
RAMESH R/O SAVANALLI VILLAGE, TQ & DIST: VIJAYAPURA.
MATHAPATI ...RESPONDENT
Location: HIGH
COURT OF (BY SRI. SUDARSHAN M., ADVOCATE)
KARNATAKA
THIS MFA IS FILED U/S 19(1) OF FAMILY COURT ACT,
PRAYING TO, SET ASIDE THE IMPUGNED JUDGMENT AND
ORDER DATED 08.01.2018 PASSED IN M.C.NO.68/2016 ON
THE FILE OF THE PRL. JUDGE, FAMILY COURT, VIJAYAPURA,
BY ALLOWING THE ABOVE SAID APPEAL AND ALLOW THE
PETITION FILED BY THE APPELLANT IN M.C.NO.68/2016
BEFORE THE COURT BELOW, FILED U/SEC.13(1)(i-a)(b)OF
HINDU MARRIAGE ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:1622-DB
MFA No. 200442 of 2018
JUDGMENT
This appeal is filed calling in question the judgment
and decree dated 08.01.2018 in Matrimonial Case
No.68/2016 on the file of Prl. Judge, Family Court,
Vijayapura [for short, 'the Family Court']. The appellant's
petition for dissolution of his marriage to respondent on
26.04.2015 under Section 13(1) (i-a) and (i-b) of the Hindu
Marriage Act, 1955 [for short, 'the HM Act'] is dismissed by
the impugned judgment and decree.
2. The learned counsels for the parties on
08.02.2024 had submitted before this Court that they would
discuss with the appellant and the respondent and file
necessary applications reporting settlement and seeking
dissolution of marriage. The appellant and the respondent
are present, and the respondent is accompanied by her
brother, Sri Basavaraj Hanagandi. The parties and
Sri Basavaraj Hanagandi are identified by their respective
learned counsels. The appellant and the respondent have
filed a joint memo citing the provisions of Section 13-B of
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the HM Act and separate applications under Section 13-B(2)
thereof.
3. The appellant and the respondent, in this joint
memo and the affidavits filed in support of the applications,
have affirmed that they have agreed for dissolution of
marriage solemnized between them on 26.04.2015. The
appellant has agreed to pay a sum of Rs.20,00,000/-
[Rupees Twenty Lakhs] within three months from today to
the respondent towards permanent alimony and the
appellant has also stated that he would relinquish all his
right and interest in the immovable property bearing No.591
of Honaganhalli/Savanalli village, Vijayapura District [the
subject property]. The respondent, in the corresponding
affidavit as well as the joint memo, has stated she has
agreed to withdraw the proceedings in Criminal
Misc.No.967/2016, Criminal Misc.No.533/2022 and in
C.C.No.177/2017. The appellant and the respondent have
also acknowledged that they are mutually consenting to the
settlement out of their own will.
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4. When queried, the appellant assures the
respondent and this Court that the sum of Rs.20,00,000/-
would be paid to the respondent without fail within a period
of three months from today and that he would also within
this period ensure that appropriate deed is executed and
registered for absolute conveyance of the subject property in
favour of the respondent and his mother and sisters would
also join him execution of this deed. The appellant and the
respondent have further sought for waiver of six months
period as would be required under Section 13-B(1) of the HM
Act.
5. In the circumstances, this Court is persuaded to
conclude that the appellant and the respondent have been
living separately for a period of one year, that they have not
been able to live together and that they have mutually, on
their own volition without any duress or coercion, have
agreed to the terms as aforesaid. Hence, the appeal must be
disposed of invoking the provisions of 13-B of the H.M.Act
dissolving the marriage between them waiving the statutory
period. Hence, the following:
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ORDER
The appeal is disposed of dissolving the
marriage between the appellant and the
respondent solemnized on 26.04.2015 at
Shivanubhava Mantap, Babaleshwar Taluka,
Viajayapura District under the provisions of
Section 13-B of the Hindu Marriage Act directing
the appellant:
a) To pay to the respondent a sum of
Rs.20,00,000/- [Rupees Twenty Lakhs]
within a period of three [3] months from
today and this amount shall be credited
to the respondent's Bank A/c
No.08402200058381.
b) The appellant, joined by his mother and
sisters and even otherwise, shall execute
the appropriate deed in favour of the
respondent for absolute conveyance of all
interest and title in the subject property
in favour of the respondent.
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c) If there is any default by the appellant in
complying with either of the above
conditions, the respondent shall be
entitled to enforce this decree at the
appellant's cost.
The registry is directed to draw decree accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
SDU
CT: CS
