Smt Prasanna.A vs Sri K Sreenivas
2024 Latest Caselaw 19033 Kant

Karnataka High Court

Smt Prasanna.A vs Sri K Sreenivas on 30 July, 2024

                                                             -1-
                                                                         NC: 2024:KHC:30028-DB
                                                                         MFA No. 6231 of 2021




                                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                         DATED THIS THE 30TH DAY OF JULY, 2024

                                                          PRESENT
                                  THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
                                                             AND
                                        THE HON'BLE MR JUSTICE UMESH M ADIGA
                                 MISCELLANEOUS FIRST APPEAL NO. 6231 OF 2021 (FC)
                                 BETWEEN:
                                 SMT PRASANNA. A
                                 W/O SRI. K. SREENIVAS
                                 AGED ABOUT 31 YEARS
                                 RESIDING AT NO. 3-62
                                 NISSINKAPURAM VILLAGE
                                 PALASAMUDRAM MANDAL
                                 CHITTOOR DISTRICT
                                 ANDHRA PRADESH - 517 599.

                                 REPRESENTED BY HER SPA HOLDER
                                 SMT. A. PRATHIMA
                                 W/O OF S. YASHWANTH
                                 AGED ABOUT 25 YEARS
                                 RESIDING AT NO. 240,
                                 2ND FLOOR, 27TH CROSS
                                 POORNAPRAGNA LAYOUT,
                                 BANGALORE - 560 061.
Digitally signed by KORLAHALLI
BHARATHIDEVIKRISHNACHARYA
Location: HIGH COURT OF
                                                                              ...APPELLANT
KARNATAKA

                                 (BY SRI. K.S KARTHIK KIRAN., ADVOCATE FOR
                                     SRI. KAPIL DIXIT., ADVOCATE)

                                 AND:
                                 SRI. K. SREENIVAS
                                 S/O RAMESH NAIDU
                                 AGED ABOUT 37 YEARS,
                                 RESIDING AT NO. 10/8,
                                 4TH MAIN, 11TH CROSS,
                                 SRINIVASA NAGARA,
                                 BENGALURU - 560 050.
                                                                              ...RESPONDENT
                                 (BY SRI. HARISH KUMAR M S., ADVOCATE)
                                -2-
                                         NC: 2024:KHC:30028-DB
                                             MFA No. 6231 of 2021




      THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURTS ACT,
AGAINST THE JUDGMENT AND DECREE DT.05.10.2021 PASSED IN
MC NO.6175/2018 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL
JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION
FILED UNDER SECTION 13(1)(i-a) OF THE HINDU MARRIAGE ACT,
1955.

     THIS APPEAL COMING ON FOR HEARING,                THIS   DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
          and
          HON'BLE MR JUSTICE UMESH M ADIGA


                       ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE UMESH M ADIGA)

Learned counsel for both parties are present. Both

appellant, as well as respondent are physically present in the

Court.

2. A joint compromise application - IA.No.1/2024 is

filed under Order XXIII Rule 3 of Civil Procedure Code, read

with Section 13-B of Hindu Marriage Act, 1955, along with

joint affidavit filed by both the parties.

3. On enquiry with both parties, they submit that they

have read the contents of the compromise petition and

accepted the terms of the same.

NC: 2024:KHC:30028-DB

4. Learned counsel for both the parties submit that,

instead of divorce granted by the Family Court under Section

13 (1)(i-a) of the Hindu Marriage Act, it shall be converted

into a consent divorce under Section 13-B of Hindu Marriage

Act. In view of consent of both parties, the same is

accepted.

The Appeal is disposed of in terms of the joint

affidavit of compromise filed by both the parties.

Draw award accordingly.

Sd/-

(SREENIVAS HARISH KUMAR) JUDGE

Sd/-

(UMESH M ADIGA) JUDGE

bk/