Karnataka High Court
M Muniraju vs Smt J Umadevi on 16 October, 2020
Bench: B.V.Nagarathna, N S Sanjay Gowda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2020
PRESENT
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
AND
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
M.F.A.No.6258/2015 (FC)
BETWEEN:
M. Muniraju,
Son of late Mulavagilappa,
Aged about 43 years,
Residing at Varanasi Village,
Muduvadi Post, Kolar Taluk,
Kolar - 563 126. ... Appellant
(By Sri. Shekar L.S., Advocate)
AND:
Smt. J Umadevi,
Wife of M.Muniraju,
Aged about 37 years,
Residing at Settimadamangala,
Sugutur Hobli,
Kolar - 563 163. ... Respondent
(By Sri. G. Papi Reddy, Advocate)
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This appeal is filed under Section 19(1) of Family
Court Act against the Judgment and Decree
dated:20.07.2015 passed in M.C.No.42/2014 on the file
of the Principal District and Sessions Judge, Kolar, C/c.
Principal Judge, Family Court, Kolar, Dismissing the
Petition filed under Section 13(1)(b) of Hindu Marriage
Act.
This appeal coming on for Admission this day,
NAGARATHNA, J., delivered the following:
JUDGMENT
This appeal is directed against the dismissal of the petition filed under Section 13(1)(b) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act", for the sake of brevity) in M.C.No.42/2014 by judgment and decree dated 20.07.2015 passed by the Principal District & Sessions Judge, Family Court, Kolar, which petition was filed by the appellant/husband.
2. Though the matter is listed for admission, as learned counsel for the respective parties have appeared through video conference along with their parties and have submitted that the parties have arrived at a settlement of their disputes, it is heard finally. They submitted that the parties have filed a petition under Section 13-B(1) of 3 the Act seeking dissolution of their marriage by mutual consent on the terms stated therein. The same may be taken into consideration. They further submitted that the parties were married on 21.10.2001 at Janaki Srirama Kalyana Mantapa, Kurutahalli Village but have been residing separately since May, 2007 i.e., for nearly thirteen years. That there is no possibility of reconciliation or cohabitation together. In the circumstances, they have filed the petition under Section 13-B(1) of the Act. They have also sought for waiver of the period stipulated under Section 13-B(2) of the Act having regard to the separation for the last thirteen years and there being no possibility of reconciliation between them. They submitted that bearing in mind the judgment of the Hon'ble Supreme Court in the case of Amardeep Singh vs. Harveen Kaur [(2017)8 SCC 746], this Court may waive the period of six months stipulated under Section 13-B(2) of the Act and allow the petition filed under Section 13-B(1) of the Act.
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3. As noted above, both parties are present along with their counsel through video conference. The parties have been identified by their respective counsel.
4. When queried by this Court, they stated that they have, indeed, decided to dissolve their marriage by a decree of divorce by mutual consent. That after due deliberation, they have arrived at such a mutually acceptable decision. There is no coercion or undue influence from any side and their decision to dissolve their marriage by a decree of divorce by mutual consent has been taken on their own free volition. They submitted that the judgment and decree of the Family Court may be substituted and the appeal may be disposed of in terms of the petition filed under Section 13- B(1) of the Act and dissolve their marriage by a decree of divorce by mutual consent.
5. The petition filed by the parties is perused and taken on record. The same reads as under:
"APPLICATION UNDER SECTION 13-(B) (1) OF THE HINDU MARRIAGE ACT, 1955 The Applicants above named jointly submit as under:5
1. The Applicants-1 and 2 are the lawfully married spouses. Their marriage was solemnised on 21.10.2001 at Janaki Sri Rama Kalyana Mandira, Kuratahalli, Chintamani-Kolar Road, in accordance with Hindu tradition and custom.
After marriage they lived together at Varanasi Village, Holur Hobli, Kolar Taluk. They are blessed with two daughters Viz., Keerthiraj M. and Rakshitharaj M. Presently their daughters are aged 17 years and 15 years and studying Pre- University Course and 10th Standard respectively.
The Applicants - 1 and 2 had developed differences between them during the year 2006. In the course of time they lost harmony and mutual respect between them. Further they also developed hatred with each other and their marital relationship was completely broken. They have been living separately from the month of May, 2007. The above said two daughters have been living with the Applicant-2.
2. The Applicant-2 representing the said two minor daughters as mother and guardian had filed Petition in C.Misc. No.169 of 2013 in the Family Court at Kolar under Section - 125 of the Code of Criminal Procedure, seeking a direction against the Applicant-1 for payment of maintenance. The Applicant-1 had contested the said petition seeking maintenance. The Petition so filed was referred to Lok Adalath for settlement. In the 6 proceedings before the Lok Adalath it was ordered with a direction to the Applicant - 1 to pay Rs.2,500/- to each of the daughters per month towards maintenance vide order dated 28.10.2013.
3. Subsequently the Applicant-1 had filed petition in M.C.No.42 of 2014 in the Family Court, Kolar seeking a decree for dissolution of marriage with the Applicant-2 on the ground of desertion. The Applicant-2 had opposed the claim of the Applicant-1 seeking dissolution of marriage. The Family Court has dismissed the petition in M.C.No.42 of 2014 by its order dated 20.07.2015. As against the said judgment and decree, the Applicant-1 has preferred the Appeal M.F.A. No.6258 of 2015 before this Hon'ble Court and the same is pending.
4. The Applicants-1 and 2 have been living separately for the last 13 years. They have lost mutual trust and love between them. Their relationship is irretrievably broken. There is no possibility of their reunion and resuming married life. Their two daughters are grown up and studying P.U.C., and 10th Standard. Continuation of marital tie has become meaningless. With the intervention of well-wishers they have agreed to get their marriage dissolved by mutual consent and live peacefully. As per the settlement 7 reached, the Applicant-1 has gifted a landed property measuring 01 acre 12 guntas in Sy.No.38/2 of Venkatapura Village, Kasaba Hobli, Srinivasapura Taluk and vacant residential site measuring 0.01.04 gunta formed in Sy.No.79/8 of Kadripura Village, Kasaba Hobli, Kolar Taluk in favour of the said two daughters Viz., Keerthiraj M. and Rakshitharaj M. towards their maintenance, education and marriages of the latter. The applicant No.1 is hereby absolved from the liability of paying maintenance to his daughters in terms of the order dated 28.10.2013 in C.mis.169/2013 passed by the learned Family Court at Kolar.
5. The Applicants-1 and 2 have been working as teachers and they have no claims against each other. The Applicant-2 hereby undertakes that she will not make any further claim on behalf of her daughters against the Applicant - 1 in future.
6. The Applicants - 1 and 2 hereby declare that they have freely agree for filing this application seeking dissolution of their marriage with mutual consent without any force, fraud or misrepresentation.
WHEREFORE the Applicants-1 and 2 pray that this Hon'ble Court be pleased to grant decree dissolving their marriage solemnised on 8 21.10.2001 at Janaki Sri Rama Kalyana Mantapa, Kuratahalli Village by mutual consent, on grounds of justice and equity.
Sd/- Sd/-
Advocate for Applicant-1 Applicant -1
Sd/- Sd/-
Advocate for Applicant-2 Applicant-2"
The said petition is verified by verifying affidavits filed by the parties. The parties have also reiterated what has been stated in the petition filed under Section 13-B(1) of the Act. The parties have also filed an application under Section 13-B(2) of the Act seeking waiver of statutory period of six months as stipulated under the said provision.
6. Learned counsel for the respective parties have submitted that on account of their strained relationship, there is no chance of a re-union and cohabitation between the parties and they have been living separately for the last thirteen years and that the conditions for seeking dissolution of marriage by a decree of divorce under Section 13-B(1) of 9 the Act have been complied with. Therefore, this Court may waive the statutory period of six months stipulated under Section 13-B(2) of the Act and allow the petition filed under Section 13-B(1) of the Act.
7. Having regard to the aforesaid submissions made and also bearing in mind the fact that the parties have been living separately for the last thirteen years and there is no possibility of any reconciliation between them, we deem it just and proper to allow the application filed under Section 13-B(2) of the Act, by placing reliance on the decision of the Hon'ble Supreme Court in the case of Amardeep Singh vs. Harveen Kaur (supra). In the circumstances, the application filed under Section 13-B(2) of the Act is allowed.
8. We have perused the petition filed under Section 13-B(1) of the Act. We note that the said petition has been signed by the parties and their respective counsel.
9. We have perused the contents of the said application. Essentially, the parties are seeking dissolution of their marriage by a decree of divorce by mutual consent. The 10 parties have no claims whatsoever against each other in future. The parties have agreed to abide by the terms and conditions as stated in the petition which we have closely perused.
10. On perusal of the same, we find that the appellant/husband has gifted a landed property which is 1 acre 12 guntas in Survey No.38/2 of Venkatapura Village, Kasaba Hobli, Srinivasapura Taluk and vacant residential site measuring 0.01.04 guntas formed in Survey No.79/8 of Kadripura Village, Kasaba Hobli, Kolar Taluk in favour of their two daughters namely Keerthi Raj M. and Rakshitha Raj M. towards their maintenance, education and marriage expenses. Further the respondent/wife has stated that she has no claims whatsoever against the appellant/husband.
11. In the circumstances, the impugned judgment and decree of the Family Court is set aside and is substituted by this judgment. The marriage between the parties, which was solemnized on 21.10.2001 at Janaki Srirama Kalyana Mandira, Kuratahalli, Chintamani, Kolar, is dissolved by a decree of divorce by mutual consent.
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The appeal is allowed and disposed of in the aforesaid terms.
The registry to draw up a decree as per Section 13-B(1) of the Act.
In view of the above judgment, I.A.No.1/2020 has been considered as a petition.
A sum of Rs.25,000/- deposited by the appellant before this Court towards litigation expenses is ordered to be released to the respondent after due identification.
Registry to comply with the aforesaid directions expeditiously.
Sd/-
JUDGE Sd/-
JUDGE KTY