Sabu vs Pooja @ Savita
2025 Latest Caselaw 4364 Kant

Karnataka High Court

Sabu vs Pooja @ Savita on 24 February, 2025

Author: S.Sunil Dutt Yadav

Bench: S.Sunil Dutt Yadav

                                                 -1-
                                                          NC: 2025:KHC-K:1271-DB
                                                          MFA No.201006 of 2024




                                IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                           DATED THIS THE 24TH DAY OF FEBRUARY, 2025

                                             PRESENT
                          THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
                                                AND
                              THE HON'BLE MR. JUSTICE RAJESH RAI K


                          MISCL. FIRST APPEAL NO.201006 OF 2024 (FC)
                      BETWEEN:

                      SRI SABU S/O BHOJAPPA GOTHE,
                      AGE: 33 YEARS, OCC: COOLIE,
                      R/O: KAKHANADAKI VILLAGE,
                      TQ: BABALESHWAR,
                      DIST: VIJAYAPURA - 586 113.
                                                                    ...APPELLANT

                      (BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)

                      AND:
Digitally signed by
BASALINGAPPA
SHIVARAJ              SMT. POOJA @ SAVITA
DHUTTARGAON           W/O SABU GOTHE,
Location: HIGH        AGE: 26 YEARS, OCC: HOUSE HOLD,
COURT OF
KARNATAKA             R/O: C/O. SIDDAPPA
                      S/O MALLAPPA MANAGULI,
                      HADAGALI VILLAGE,
                      TQ: & DIST: VIJAYAPURA - 586 112.
                                                                  ...RESPONDENT

                      (BY SRI VEERSHETTY, ADVOCATE)
                             -2-
                                     NC: 2025:KHC-K:1271-DB
                                     MFA No.201006 of 2024




     THIS MFA IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURTS ACT, PRAYING TO ALLOW THIS APPEAL AND
SET ASIDE THE JUDGMENT AND DECREE DATED 20.12.2023,
PASSED IN M.C.NO.59/2023, ON THE FILE OF THE PRL. JUDGE,
FAMILY COURT, VIJAYAPURA, CONSEQUENTLY ALLOW THE
PETITION FILED BY THE APPELLANT/PETITIONER U/S 13(1) (I)
OF HINDU MARRIAGE ACT-1955, BY GRANTING DECREE OF
DISSOLUTION OF MARRIAGE AND TO PASS ANY OTHER
APPROPRIATE ORDERS, IN THE INTEREST OF JUSTICE.

    THIS MFA COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
          AND
          HON'BLE MR. JUSTICE RAJESH RAI K


                    ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)

During the pendency of the present proceedings,

petition under Section 13B of the Hindu Marriage Act,

1955 has been presented. Both the parties are present

and submit that the petition may be allowed by granting

divorce on the ground of mutual consent. I.A.No.1/2025

is filed seeking for waiver of waiting period under Section

13B (2) of the Hindu Marriage Act.

2. It is noticed that the proceedings before the

Family Court had culminated in dismissal of the petition

NC: 2025:KHC-K:1271-DB

filed by the husband seeking divorce. The parties have

been living apart since 2020 as averred. Taking note of

the pre-existing proceedings in M.C.No.59/2023 which was

disposed of on 20.12.2023 as also the pendency of the

present proceedings before this Court, it would be

appropriate to waive the waiting period as the parties have

been subjected to proceedings for a substantial period of

time. Accordingly, I.A.1/2025 is allowed and waiting

period is waived.

3. The petition filed under Section 13B of the

Hindu Marriage Act recites that the parties are living apart

since 2020 and due to the intervention of the elders and

common friends, they have decided to put an end to the

matrimonial relationship on the basis of mutual consent.

This Court is satisfied regarding the wedlock between the

parties and their assertion of staying apart since 2020.

4. In terms of the agreement, the appellant-

husband was to pay an amount of Rs.2,50,000/- [Rupees

Two Lakh Fifty Thousand only] to the respondent-wife

NC: 2025:KHC-K:1271-DB

towards permanent alimony and return the gold

ornaments and a mobile phone. Said condition is complied

with, as the amount, mobile phone and gold ornaments

are handed over in Court to the respondent-wife. The

petition further avers that the respondent-wife has given

up her right to claim maintenance or claim any rights as is

mentioned in para-6 of the petition.

5. Apart from the terms mentioned in the 13B

petition, both the parties make a joint submission that the

appellant-husband would continue to retain custody of the

child born from within the wedlock which is with him and

he would continue to look after the child. The respondent-

wife would be granted visitation rights to visit and spend

time with the child, which the appellant-husband

undertakes to allow. The said condition is agreed to be

treated to be a part of the petition and parties are affixing

their signature to the order sheet in evidence of the same.

6. Accordingly, the marriage between the

appellant and the respondent which took place on

NC: 2025:KHC-K:1271-DB

18.05.2018 at Kalebhag, Vijayapur stands dissolved in

terms of the conditions mentioned and complied with, in

the petition. The contents of the petition are affirmed by

the parties and having been read over in Kannada

language understandable to both.

7. Meanwhile, in light of the passing the decree on

13B petition, the Miscellaneous First Appeal is dismissed.

Decree to be drawn by the Registry in terms of the

contents of the 13B petition.

The vakalath filed on behalf of the respondent-wife

along with 13B petition are taken on record.

Sd/-

(S.SUNIL DUTT YADAV) JUDGE

Sd/-

(RAJESH RAI K) JUDGE

SWK