Karnataka High Court
Roopa @ Kashibai W/O Gurusangappa Unki vs Gurusangappa S/O Shankrappa Unki on 18 April, 2022
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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MFA No. 103040 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF APRIL, 2022
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
M.F.A. NO. 103040 OF 2014 (MC)
BETWEEN:
ROOPA @ KASHIBAI W/O GURUSANGAPPA UNKI,
AGED ABOUT: 41 YEARS, OCC: HOUSE HOLD,
C/O GURUSANGAPPA MAHATAPPA LALA,
R/O GULEDAGUDDA, TAL: BADAMI, DIST: BAGALKOT.
...APPELLANT
(BY SRI. H.R. KAMBIYAVAR, ADVOCATE)
AND:
GURUSANGAPPA S/O SHANKRAPPA UNKI,
AGED ABOUT 51 YEARS, OCC: PRIMARY SCHOOL
TEACHER, BANKAPUR, R/O.BANKAPUR,
TAL: SHIGGOAN, DIST: HAVERI.
...RESPONDENT
(BY SRI. B. CHIDANAND, ADVOCATE)
THIS M.F.A. IS FILED U/S 28 OF HINDU MARRIAGE
JAGADISH ACT,1955, AGAINST THE JUDGMENT AND DECREE DATED:
TR 18.08.2014 PASSED IN M.C.NO.8/2012 ON THE FILE OF PRL.
Digitally signed by SENIOR CIVIL JUDGE & CJM, HAVERI ALLOWING THE PETITION
JAGADISH T R
Location: High Court of
Karnataka, Dharwad
FILED U/S.9 OF HINDU MARRIAGE ACT.
Bench Dharwad.
Date: 2022.04.22 15:53:28
+0530 THIS APPEAL COMING ON FOR ORDERS THIS DAY, K.S.
HEMALEKHA J., DELIVERED THE FOLLOWING:
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MFA No. 103040 of 2014
JUDGMENT
The present appeal is preferred by the wife assailing the judgment and decree dated 18.08.2014 in MC No.8/2012 on the file of the learned Principal Senior Civil Judge & CJM, Haveri, whereby the petition filed by the husband and under Section 9 of the Hindu Marriage Act, 1955 (for short, 'Act') has been allowed.
2. During the pendency of the appeal, the matter was referred to the Mediation Centre, High Court of Karnataka, Dharwad Bench. It appears that though the parties were willing to settle the issue but could not arrive at consensus settlement and matter was referred back to this Court.
3. After hearing the matter for sometime at the request of learned counsel for the parties, the matter was adjourned to explore the possibility of amicable settlement. Subsequently, the dispute came to be settled with the intervention of well-wishers and the counsel for both the parties.
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4. Though the present appeal is directed against the granting of restitution of conjugal rights, the parties have filed memorandum of petition under Section 13B(1) of the Act seeking for divorce by mutual consent and the same is accepted in view of the pendency of the dispute since 2012 and to resolve the dispute between the parties and the petition filed under Section 13B(1) of the Act be treated as petition filed under Section 23 of the Act.
5. The terms of the said memorandum of petition are as under:
ii) Due to irreconcilable differences and Incompatibility of temperaments, the petitioners have been living separately from 14-12-2011 i.e. more than ten years. The efforts made by elders, friends and well wishers to resolve the differences between the Petitioners herein did not yield any fruits. There are absolutely no chances of reunion amongst them. Hence, the Petitioners have decided to get the marriage between them be dissolved by a decree of divorce mutually.
iii) The Petitioner No:1 i.e. Smt. Roopa @ Kashibai has agreed/consented to receive a sum of Rs.5,50,000/ (Rupees Five Lakhs and Fifty thousand) towards permanent alimony for full and final settlement in lieu of maintenance in the -4- MFA No. 103040 of 2014 case. The Petitioner No:2 has paid the said amount of Rs.5,50,000/- by way of Demand Draft bearing No:155358, dated:13-04-2022, drawn on Canara Bank, Shiggaon. The Petitioner No:1 further agreed that, here afterwards she will not claim any maintenance, any share or right over the Immovable properties either in the self acquired or ancestral properties, in salary, pension amount, amount in S.B.A/C, Retirement benefits like DCRG, FBF, Gratuity, compassionate appointment & further agreed that, no case would be filed by her in future claiming any amount or share in the above said benefits.
iv) The 1st Petitioner has also agreed that, she is the guardian for minor child-Nagarathana and she will take care of and look after minor daughter and the said daughter would be in her custody and she has agreed before this court that, she will not claim any amount in future on behalf of her minor daughter towards maintenance, educational expenses, marriage expenses, any share in the property or right over the Immovable properties either in the self acquired or ancestral properties, in salary, pension amount, amount In S.B.A/C, Retirement benefits like DCRG, FBF, Gratuity, compassionate appointment & further agreed that, no case would be filed by her or by her daughter in future claiming any amount from the Petitioner No:1. The 2nd Petitioner has agreed to pay a sum of Rs.5,50,000/- (Rupees Five Lakhs & fifty thousand only) towards permanent alimony -5- MFA No. 103040 of 2014 for her daughter as full and final settlement in lieu of her maintenance and the said amount would be kept in F.D. in minor daughter's name I.e.
Kumari. Nagarathna Gurusangappa Uniki, for a period of Ten Years. Today the 2nd Petitioner has handed over the F.D. receipt bearing No: 561642, Dated:13-04-2022, kept in Canara Bank, Shiggaon, for Rs.5,50,000/- to the 1st Petitioner in the open court. The Minor daughter Kumari. Nagarathna is also present before this Hon'ble Court today.
v) The 1st Petitioner has filed Criminal Misc. Case 288/2011, in the court of JMFC, Badami, claiming maintenance against the 2nd Petitioner and she has agreed to withdraw the said petition in the next date of hearing.
vi) Both the Petitioners have no claims against each other with regard to movables/immovable belonging to each other at present existing or to be acquired in a later stage and all their claims are fully satisfied, no dues against each other.
vii) Both the petitioners state that they have no claims of whatsoever manner against each other either past, present or future.
viii) There are no cases pending before any authority between the petitioners herein as on date, whatever was pending before the different courts/authorities has been closed amicably.
ix) Both the Petitioners further state that there has been no collusion, threat or force, fraud or any -6- MFA No. 103040 of 2014 undue influence in entering into this settlement and filing for divorce by mutual consent.
x) Both the petitioners state and agreed that they shall not interfere in the lives of each other in future.
6. The parties have also filed I.A.No.1/2022 under Section 13B(2) of the Act seeking to waive off the compulsory waiting period. Taking note of the pendency of the present appeal for a considerable period of time, case is made out for waiving the mandatory waiting period. In light of the settlement arrived at between the parties, who are seeking for divorce by mutual consent, waiting period as stated in I.A. No.1/2022 is waived off. The terms as contained at para-3 of IA No.1/2022 read thus:
3. We say that, our marriage was solemnized on 21.04.2008 at Bankapur Town and we have got a female child out of the Wed lock and she is minor. Due to difference of opinion and misunderstanding between us, we are not living as husband and wife for more than 10 years and there is no reconciliation between us and we have not cohabited together for more than 10 years and there is no possibility of reunion. Hence, we have decided to take decree of divorce by mutual consent. Hence we have filed the above petition/application.
Accordingly, IA No.1/2022 is allowed. -7- MFA No. 103040 of 2014
7. In view of the settlement arrived at between the parties, the memorandum of petition filed by the parties under Section 13B(1) of the Act is accepted. In terms thereof, the husband has agreed to pay a sum of Rs.5,50,000/- as permanent alimony to the wife towards full and final settlement and a Demand Draft bearing No.155358 for a sum of Rs.5,50,000/- drawn on Canara Bank is handed over to the wife and same is acknowledged by her. Further, in terms of the settlement, the husband has opened Fixed Deposit for a sum of Rs.5,50,000/- in the name of his minor daughter Kumari Nagaratna Gurusangappa Unki, who is also known as Akshata for a period of 10 years. However, records show that her birth name is Nagaratna and hence, the Deposit receipt has been taken in the name of Nagaratna Gurusangappa Unki and same is handed over to her mother. The child Nagaratna Gurusangappa Unki is present before this Court and her presence is noted.
8. In view of the settlement arrived at between the parties, the amount of Rs.25,000/- to be deposited as directed by this Court vide order dated 09.12.2019 in the -8- MFA No. 103040 of 2014 name of Nagaratna Gurusangappa Unki who is also known as Kumari. Akshata is hereby waived off.
9. In view of the above, the impugned judgment and decree dated 18.8.2014 in MC No.8/2012 on the file of the learned Prl. Senior Civil Judge & CJM, Haveri is hereby set- aside. In terms of the memorandum of petition filed under Section 13B(1) of the Act, the appeal stands disposed off. The marriage solemnized between the parties on 21.04.2008 at Rudramuneshwara Kalyana Mantap, Bankapur Town, Shiggaon Taluk, Haveri District is hereby dissolved by a decree of divorce by way of mutual consent.
10. The registry is directed to draw the decree in terms of the memorandum of petition under Section 13B(1) of the Act. Pending applications, if any, do not survive for consideration, and accordingly, they are disposed off.
Sd/-
JUDGE Sd/-
JUDGE JTR/AC