Karnataka High Court
Sri N. Murali Krishna vs Mrs.K. Nirmala on 26 November, 2020
Equivalent citations: AIR 2021 (NOC) 160 (KAR.), AIRONLINE 2020 KAR 2305, 2021 (1) AKR 397
Bench: B.V.Nagarathna, N S Sanjay Gowda
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER, 2020
PRESENT
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON'BLE MR. JUSTICE N.S. SANJAY GOWDA
M.F.A. No.9926/2013 (FC)
BETWEEN:
SRI N. MURALI KRISHNA,
AGED ABOUT 49 YEARS,
S/O. SRI M.S. NANJUNDASWAMY NAIDU,
153/53, CHIKKABOMMASANDRA,
G.K.V.K. POST, YELAHANKA, UPANAGARA,
BANGALORE - 560 065. ... APPELLANT
(BY SRI SUKUMARAN G., ADVOCATE (THROUGH V/C))
AND:
MRS. K. NIRMALA
W/O. SRI N. MURALIKRISHNA,
AGED ABOUT 37 YEARS,
D/O. SRI K. CHINNAPPA,
R/O. NO.245/21, SLIG,
6TH CROSS, 5TH PHASE,
NEW TOWN YELAHANKA
BANGALORE - 560 106
AND ALSO AT
THE PROPRIETRESS,
M/S. NEELU HERBAL BEAUTY PARLOUR,
302, 7TH 'B' MAIN ROAD,
YELAHANKA NEW TOWN,
BANGALORE - 560 064. ... RESPONDENT
(BY SRI BASAVARAJU P., ADVOCATE (THROUGH V/C))
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED
03.10.2013 PASSED IN M.C.NO.1762/2011 ON THE FILE OF THE
5TH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
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BANGALORE, DISMISSING THE PETITION FILED UNDER
SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR HEARING -
INTERLOCUTORY APPLICATION THIS DAY, NAGARATHNA J.,
DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is listed to consider the petition filed under Section 13B(1) of the Hindu Marriage Act, 1955 (hereinafter referred as "the Act" for the sake of brevity) along with application filed under Section 13B(2) of the Act.
2. Appellant is the husband, who has filed this appeal being aggrieved by the dismissal of his petition filed under Section 13(1)(ia) of the Act seeking dissolution of marriage by a decree of divorce in M.C.No.1762/2011, dated 03/10/2013, by the V Additional Principal Judge, Family Court at Bengaluru.
3. Today (26/11/2020), learned counsel for the respective parties, who are present through video conference, in the presence of the parties, submitted in unison that the parties have filed a petition under Section 13B(1) of the Act and an application under Section 13B(2) of the Act. They have sought for dissolution of marriage by a decree of divorce and hence, the same may be -: 3 :- considered and the appeal may be disposed of in terms of the petition filed by them and the judgment and decree of the Family Court could be substituted accordingly.
4. The parties are also present through video conference. They have been identified by their respective counsel. When this Court queried, they stated that they have, indeed, negotiated a settlement in the matter. That the settlement has been arrived at, on their free volition without there being any coercion or undue influence from any side. They stated that the appellant/husband has paid a sum of Rs.2.50 lakh to the respondent/wife through demand draft bearing No.354153, dated 23/11/2020, drawn on Syndicate Bank, Hebbal Branch, Bengaluru and the respondent/wife acknowledged the receipt of the same. Therefore, they submitted that the appeal could be disposed of accordingly.
5. Learned counsel for the respective parties further submitted that the parties were married on 16/08/2009, but M.C.No.1762/2011 was filed in the year 2011 and since then, the parties have not lived together as there has been no reconciliation between them and hence, no co-habitation. In the circumstances, they submitted -: 4 :- that the application filed under Section 13B(2) of the Act may be allowed having regard to the judgment of the Hon'ble Supreme Court in the case of Amardeep Singh vs. Harveen Kaur [(2017)8 SCC 746] (Amardeep Singh vs. Harveen Kaur).
6. In the circumstances, we have taken on record the petition filed under Section 13B(1) of the Act. The same reads as under:
"PETITION UNDER SECTION 13-B, OF THE HINDU MARRIAGE ACT The Appellant No.1 and 2 named above begs to state as follows:-
1. The Appellant No.1 and 2 were married on the 16-8-2009 and the said marriage was solemnized at Sri.Kailasa Vaikunta Mahakshetra Devastana, No.2, 10th Main, 5th Block, Rajajinagar, Bengaluru, as per the Hindu rites, and out the said wedlock there are no issue between the Appellant and Respondent herein as on this date.
2. The 1st Appellant and the Appellant No.2 could not live together due to incompatibility, temperamental differences and differences of opinion, due to which there was no meeting of mind between them and the counseling of friends, relatives and well-
wishers did not give any positive result.
3. The Appellants submit that, they have been separately residing since 11 years, as their marriage -: 5 :- has irretrievably broken down. Under these circumstances the Appellant No.1 and 2 have mutually agreed that, the marriage solemnized between them on 16-8-2009 to be dissolved.
4. The Appellant No.1 who had agree to pay the sum of Rs.2,50,000/- (Rupees Two lakhs fifty thousand only) to the Appellant No.2 towards her life permanent alimony and the Appellant No.2 agrees to receive the same being the permanent alimony as full and final settlement by way of Demand Draft in favour of Appellant No.2.
5. The Appellant No.2 who had received her entire personal belonging of her one pair Bangles, one bracelet, one pair earrings, finger and Two rings, and nothing remains with the Appellant No.1 and she had taken all her belonging and received the entire items and nothing was left with Appellant No.1 while she had left the Appellant No.1.
6. The appellant No.1 and 2 who are residing within the jurisdiction of this Hon'ble Court and accordingly they have filed the above said petition before this Hon'ble Court.
7. The Appellants submit that, they have no claim against each other, either with regard to any property both movable and immovable at present or in future.
8. The Appellant No.1 and 2 submit that, there is no collusion in filing the above said petition and the consent is voluntary and not obtained by force, fraud or undue influence.
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9. It is submitted that, considering all the above circumstances, the marriage having irretrievably broken down, the Appellant No.1 and 2 have jointly approaching this Hon'ble Court seeking to dissolve their marriage dated 16-8-2009 between them.
WHEREFORE, the Appellant 1 & 2 jointly prays that, this Hon'ble Court may be pleased to pass a Judgment and Decree of dissolution of their marriage held on 16-8-2009, in the interest of Justice and Equity.
Sd/- Sd/-
ADVOCATE FOR APPELLANT No.1 APPELLANT No.1
Sd/- Sd/-
ADVOCATE FOR APPELLANT No.2 APPELLANT No.2
VERIFICATION
We, (1) Sri N.Muralikrishna, the 1st Appellant, and (2) Mrs. K. Nirmala, 2nd Appellant named above we do hereby declare that, what is stated above are true to the best of our knowledge, information and belief.
Sd/-
APPELLANT No.1
BENGALURU, Sd/-
DATE: 23/10/2020 APPELLANT No.2"
It is noted that the said petition is signed by the respective parties and their counsel. It is supported by a joint verifying affidavit of the parties. -: 7 :-
7. The parties have also filed an application under Section 13B(2) of the Act stating that the marriage between the parties has irretrievably broken down and there is no possibility of any reconciliation between them. Therefore, the statutory period referred to in sub-section (2) of Section 13B of the Act may be waived by allowing the application.
8. We have perused the same. We note that the application is supported by a joint affidavit. Having regard to the dictum of the Hon'ble Supreme Court in the said case of Amardeep Singh vs. Harveen Kaur (supra), we think this is a fit case where the application filed under Section 13B(2) of the Act ought to be allowed and hence it is allowed.
9. We have closely perused the terms and conditions set out in the petition filed under Section 13B(1). We are satisfied with the same. We find that they are lawful and that there is no legal impediment to accept the same. In the circumstances, the petition filed under Section 13B(1) of the Act is allowed.
10. The marriage between the parties, which was solemnized on 16/08/2009 at Sri Kailasa Vaikunta -: 8 :- Mahakshetra Devastana, No.2, 10th Main, 5th Block, Rajajinagar, Bengaluru, is dissolved by a decree of divorce.
11. Consequently, the judgment of the Family Court is substituted by this judgment.
12. Appeal is disposed of accordingly.
13. Registry to draw up a decree in terms of Section 13B(1) of the Act.
No costs.
Sd/-
JUDGE Sd/-
JUDGE S*