Karnataka High Court
Sri.Kiran Sambhaji Sone vs Smt.Pratibha W/O. Kiran Sone on 24 August, 2022
Author: S G Pandit
Bench: S G Pandit
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MFA No. 104527 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF AUGUST, 2022
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 104527/2019 (FC)
BETWEEN:
SRI. KIRAN SAMBHAJI SONE,
AGE : 34 YEARS, OCC : K.S.R.P. SERVICE,
R/O. K.S.R.P. MACHHE, BELAGAVI.
- APPELLANT
(BY SMT. ARUNA R DESHPANDE, ADVOCATE)
AND:
SMT.PRATIBHA W/O. KIRAN SONE,
AGE : 29 YEARS, OCC : HOMEMAKER
C/O. PRAKASH KADAM, E.W.S.353,
KARNATAKA CIRCLE, NAVANAGAR,
HUBBALLI-580025 NOW RESIDING AT:
C/O PRASHANT P. KADAM,
OFFICE OF THE COMMANDANT
10TH BATTALION, K.S.R.P,
SHIGGAON-581 110.
- RESPONDENT
(BY SRI. RAVI S. BALIKAI, ADVOCATE)
Digitally signed by
JAGADISH T R
Location: High
Court of Karnataka,
Dharwad Bench
Dharwad.
THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT,
Date: 2022.09.01
10:52:48 +0530 AGAINST THE JUDGEMENT AND DECREE DATED 22.08.2019,
PASSED IN MATRIMONIAL CASE NO.83/2017 ON THE FILE OF THE
PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI & ETC.
THIS MFA COMING ON FOR ADMISSION THIS DAY, ANANT
RAMANATH HEGDE, J, PASSED THE FOLLOWING:
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MFA No. 104527 of 2019
ORDER
The instant appeal is filed by the husband whose petition seeking dissolution of marriage in M.C. No. 83/2017 on the file of the learned Principal Family Court, Hubballi, is rejected. The petition was filed alleging cruelty and desertion against the wife.
2. Today, the appellant-husband and respondent-wife are present before the Court. They are identified by their respective counsel.
3. Learned Advocate for the appellant and the respondent would submit that the parties have settled the dispute amicably and have agreed to dissolve the marriage through mutual consent. It is also submitted that the parties are willing to file a petition under Section 13B of the Hindu Marriage Act. Accordingly, a petition is filed under Section 13B of the Act seeking dissolution of marriage on mutual terms. The parties have also filed an application seeking waiver of six months waiting period on the ground that there is no chance of resumption of marital relationship even after six months. -3- MFA No. 104527 of 2019
4. The Court has perused contents of the application as well as contents of the petition under Section 13B of the Act. The Court has also made necessary enquiry with the parties who are present before the Court. They have admitted contents of the applications. The contents of the application seeking waiver of six months waiting period as well as under Section 13B of the Hindu Marriage Act would disclose that the parties are residing separately since 2015. The parties submit that they are not in a position to resume marital relationship. It is also forthcoming from the records that there are no issues from the marriage.
5. This Court has considered contents of the application as well as the petition and also the submissions made at the Bar. This Court is convinced that there is no chance of resumption of marital relationship between the parties. Terms of the petition filed under Section 13B of the Act also reveal that the husband has agreed to pay Rs. 9 lakhs towards permanent alimony to the respondent-wife in full and final settlement of the claim. The said amount is agreed to be paid in two installments. He has also handed over two cheques, both drawn in favour of the respondent-wife. First cheque dated 25.09.2022 is bearing no. 005393 drawn on Axis -4- MFA No. 104527 of 2019 Bank for Rs.3,00,000/- and the second bearing no. 005394 dated 25.12.2022 is for Rs.6,00,000/-. The respondent-wife acknowledges receipt of two cheques. At this juncture itself iIt is made clear that in the event of dishonour of the aforementioned cheques, the appellant is liable for penal consequences under Section 138 of the Negotiable Instruments Act and also other penal consequences as the decree for divorce is granted on the assurance that cheques would be honoured. In addition, since the appellant is in disciplined Police Force, would be liable for disciplinary proceeding.
6. The parties have agreed that they will not have any claim against each other and have agreed to withdraw any pending cases against each other.
7. Since this Court is of the considered view that there is no chance of resumption of marital relationship between the parties, the application filed for waiver of six months period is allowed.
8. For the foregoing reasons, we pass the following order. -5- MFA No. 104527 of 2019
ORDER Appeal filed by the appellant is allowed and impugned judgment and decree dated 22.08.2019 passed by the learned Principal Judge, Family Court, Hubballi in M.C. No. 83/2017 is set aside in terms of the petition filed by the parties under Section 13B of the Hindu Marriage Act. Consequently, the marriage solemnized on 21.05.2013 between the appellant and respondent is dissolved.
Registry to draw decree accordingly.
Sd/-
JUDGE Sd/-
JUDGE BVV