Karnataka High Court
Sri. Chargundla Venkata Sai Prasad S/O. ... vs Smt. Markapuram Shruthikeerthana W/O ... on 18 July, 2024
Author: S G Pandit
Bench: S G Pandit
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NC: 2024:KHC-D:9976-DB
MFA No. 104544 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO.104544 OF 2023 (FC)
BETWEEN:
SRI CHARGUNDLA VENKATA SAI PRASAD
S/O. C. DEVANAND,
AGE. 29 YEARS,
OCC. EMPLOYEE IN JINDAL FACTORY,
R/O. BEHIND ATAL BIHARI VAJAPAYEE LAYOUT,
SANGANAKAL ROAD, BALLARI-583101.
...APPELLANT
(BY SRI H.N. HANCHINAMANI, ADVOCATE)
AND:
SMT. MARKAPURAM SHRUTHIKEERTHANA
W/O. CHARGUNDLA VENKATA SAI PRASAD
D/O. M RAJU,
AGE. 27 YEARS,
OCC. WORKING A SYSTEM ADMINISTRATION,
VINAYAKA R/O. DOOR NO.208-S-1 BLOCK,
BV
SHILPA LEPAKSHI NAGAR, ITIKALAPALLI VILLAGE,
Digitally signed by
VINAYAKA B V
Location: HIGH COURT
NEAR S.K. UNIVERSITY ANANTAPURAM RURAL
OF KARNATAKA
DHARWAD BENCH
MANDAL, ANANTAPUR DISTRICT,
ANDHRA PRADESH-515001.
...RESPONDENT
(BY SRI B.S. SANGATI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF THE FAMILY COURT ACT 1984, AGAINST
THE JUDGMENT AND DECREE DATED 31.08.2023 PASSED IN
MATRIMONIAL CASE NO.193/2022 ON THE FILE OF THE
PRINCIPAL JUDGE FAMILY COURT, BALLARI, DISMISSING THE
PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE
ACT, 1955 AND ETC.,
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MFA No. 104544 of 2023
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, S G PANDIT, J., DELIVERED THE
FOLLOWING:
JUDGMENT
This appeal filed under Section 19(1) of the Family Court Act is directed against the judgment dated 31.08.2023 passed in M.C. No.193/2022 on the file of the Principal Judge, Family Court, Ballari, by which the appellant's petition filed under Section 9 of the Hindu Marriage Act, 1955 (for short, '1955 Act') is dismissed.
2. Today both the appellant Sri. Chargundla Venkata Sai Prasad and the respondent Smt. Markapuram Sruthikeerthana as well as their counsel Sri. H.N.Hanchinamani for the appellant and Sri. B.S.Sangati for the respondent are present before the Court.
3. It is submitted that during the pendency of the appeal, with the intervention of the well-wishers, the appellant and the respondent have settled their differences and they have agreed to seek divorce on mutual consent. Accordingly, the parties have filed application under Section 13B of 1955 Act -3- NC: 2024:KHC-D:9976-DB MFA No. 104544 of 2023 as well as application under Section 13B(1) of 1955 Act seeking waiver of six months.
4. Both the applications are taken on record.
5. The terms and conditions of the application filed under Section 13B reads as follows:
"TERMS AND CONDITIONS OF THIS COMPROMISE PETITION ARE AS UNDER i. The appellant and the respondent to avoid further frustration in their life and on account of incompatibility they have decided to have their marriage dissolved by mutual consent under section 13-B of the Hindu Marriage Act.
ii. That both the appellant and the respondent withdrawn all the allegations made against each other by entering into this compromise.
iii. That the respondent agreed to withdraw the divorce petition in No. HMOP 98/2022 filed before the Learned Senior Civil Judge, Anantpur, Andra Pradesh State and also the respondent agreed that she will not be having any claim whatsoever against the appellant and his family in respect of the marital rights and other legal rights are including the property rights.
iv. That after passing of the decree of divorce, the appellant and respondent hereby undertake that he/she shall not come in the way of his/her personal life and he/she shall lead his/her own life independent of the other.
v. That, after the dissolution of the said wedlock between the appellant and the respondent, the appellant and the respondent are at liberty to lead their independent life and free from marital -4- NC: 2024:KHC-D:9976-DB MFA No. 104544 of 2023 obligations. Both parties agreed that they will not poke the nose in the life of others.
vi. That the appellant and the respondent out of their own will and wish, of their own accord, and without any compulsion, coercion, undue influence, fraud or misrepresentation have filed this petition for mutual divorce with free consent and happily considering their future.
vii. This if the marriage of the appellant and the respondent is dissolved it will not affect the future of any appellant and the respondent and it is not against the morality and legal principles."
6. The respondent has agreed to withdraw divorce petition before the learned Senior Civil Judge, Anantpur, Andhra Pradesh and further the appellant and the respondent stated that they have no claim against each other. It is also stated that the appellant and the respondent have agreed to withdraw all allegations made against each other, respectively.
7. In application filed under Section 13B(1) of 1955 Act, the parties have sought for waiving six months cooling period.
8. The parties are before the Court litigating since 2022. Taking note of the fact that the parties are litigating for last more than two years, we deem it appropriate to waive off six months cooling period.
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9. Since the parties have mutually agreed to dissolve their marriage and to get divorce in accordance with the terms stated above, the application filed under Section 13B of 1955 Act is allowed. The marriage solemnized between the appellant and the respondent at Sri. Ahobilam Laxmi Narashimha Swamy Devasthana Kshetram, Allagadda, Kurnool District, Andhra Pradesh dated 08.01.2021 is dissolved and decree of divorce granted.
10. In view of the above, the appeal stands disposed off.
Sd/-
JUDGE Sd/-
JUDGE RH List No.: 1 Sl No.: 23