Karnataka High Court
Smt. Shilpa W/O Prasad Biranagaddi vs Sri. Prasad Baburao Biranagaddi on 15 September, 2022
Author: S G Pandit
Bench: S G Pandit
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MFA No. 102312 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF SEPTEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 102312/2017 (MC)
BETWEEN:
SMT. SHILPA W/O PRASAD BIRANAGADDI,
AGE: 24 YEARS, OCC: HOUSEHOLD, R/O: NIDASOSI,
NOW AT C/O. GANGAPPA WANTMORI,
YALIMUNNOLLI VILLAGE-591309,
TQ: HUKKERI, DIST: BELAGAVI.
- APPELLANT
(BY SRI. S M TONNE, ADVOCATE)
AND:
SRI. PRASAD BABURAO BIRANAGADDI,
AGE: 33 YEARS, OCC: TEACHER/SERVICE,
R/O: KADALAGI, TALUK: GADAHINGLAJ,
DIST: KOLHAPUR, MAHARASHTRA STATE,
NOW AT NIDASOSI, TALUK: HUKKERI-591309.
- RESPONDENT
(BY SRI. HANUMESH M. DESAI AND
SRI NEELENDRA D. GUNDE, ADVOCATES)
THIS MFA IS FILED U/S.28 OF THE HINDU MARRIAGE ACT,
KM AGAINST THE JUDGMENT AND DECREE DATED:24.01.2017, PASSED IN
SOMASHEKAR
MATRIMONIAL CASE NO.87/2016 ON THE FILE OF THE SENIOR CIVIL
Digitally signed by K M
SOMASHEKAR
Location: High Court of
JUDGE,HUKKERI & ETC.
Karnataka, Dharwad
Bench Dharwad.
Date: 2022.09.28
10:58:17 +0530
THIS MFA COMING ON FOR ADMISSION THIS DAY, ANANT
RAMANATH HEGDE, PASSED THE FOLLOWING ORDER:
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MFA No. 102312 of 2017
ORDER
In M.C. No. 87/2016 on the file of the learned Senior Civil Judge at Hukkeri, the husband has sought decree for dissolution of marriage alleging cruelty by the respondent-wife. The petition was contested and trial Court has granted decree for dissolution of marriage on the ground that the husband has proved the allegations. Aggrieved by the said judgment and decree, the respondent-wife is in appeal before this Court.
2. The appellant and respondent have a son by name Chi.Adarsh, now aged ten years. The appellant, respondent and the minor child are present before the Court. The appellant and respondent are identified by their respective counsel. They submit that the dispute is amicably resolved and after deliberations, they have decided to get the marriage dissolved through mutual consent and they have incorporated the terms and conditions and they have filed an application under Section 13B of the Hindu Marriage Act.
3. The Court made enquiry with the parties and the Court is satisfied that the application under Section 13B of the Hindu Marriage Act is voluntarily presented before the Court. The Court -3- MFA No. 102312 of 2017 has considered contents of the petition. It is forthcoming that the husband and wife are living separately since 2017 and there is no cohabitation between them since 2017 till today. It is also forthcoming that there is no chance of resumption of their marital relationship.
4. Since the parties have applied to seek divorce on mutual terms, the respondent has offered to pay 50% of his gross salary / pension as permanent alimony to his wife as well as his son. The salary drawing officer of the appellant is permitted to credit 50% of the gross salary/ pension of the husband directly to the bank account of Chi.Adarsh, son of the appellant and respondent and bank account details are also mentioned in the petition.
5. Since the offer of 50% of gross salary/ pension made by the husband is accepted by the wife, she has also agreed to withdraw all the criminal miscellaneous cases in 220/2019 and 309/2022 filed by her seeking maintenance pending on the file of the learned Civil Judge & JMFC, Hukkeri. The respondent has also agreed to pay Rs.1,46,000/- towards arrears of maintenance in terms of the orders passed in the aforementioned criminal proceedings. He has -4- MFA No. 102312 of 2017 handed over a cheque bearing No. 071402 dated 15.09.2022 in favour of the appellant-wife for Rs.1,46,000/- drawn on Union Bank of India, Sankeshwar Branch. The appellant-wife acknowledges receipt of the cheque.
6. In terms of paragraph no. 4 of the petition filed under Section 13B of the Hindu Marriage Act it is agreed between the parties that the appellant shall receive 50% of the monthly salary/ pension as monthly maintenance. It is agreed that in the event of the appellant-wife getting married, the son will continue to receive the same till he attains the age of majority. Further, in the event of son attaining age of majority and the appellant-wife remains unmarried, she will receive the aforesaid amount 50% of monthly salary/ pension.
7. The parties have also filed application under Section 13B(2) of the Act seeking to waive six months waiting period. Since the parties have filed petition under Section 13B seeking divorce on mutual terms and being satisfied with the averments made in the petition and also satisfied that there is no chance of resumption of marital relationship even after lapse of six months period, we deem -5- MFA No. 102312 of 2017 appropriate that six months waiting period be waived and same is waived. Accordingly Section 13B(2) petition is taken on record and considered on record.
8. For the aforesaid reasons this Court is of the view that there is no impediment for this Court to grant decree of divorce on mutual terms as agreed between the parties as they have voluntarily entered into settlement fully understanding the consequence of the settlement.
9. For the reasons stated above, the impugned judgment and decree passed by the learned Senior Civil Judge at Hukkeri dated 24.01.2017 in M.C. No. 87/2016 is set aside. The marriage solemnized between the appellant and husband on 08.05.2011 is dissolved on mutual terms as indicated above.
10. 50% gross monthly salary/ pension of respondent-husband be credited to the Savings Bank account No.41270074444 in the name of Chi. Adarsh held in State Bank of India, Somawar peth Branch, Chikodi. The salary drawing officer of respondent shall -6- MFA No. 102312 of 2017 ensure that 50% of gross salary of respondent be directly credited to the aforesaid account of Chi. Adarsh.
SD JUDGE SD JUDGE BVV List No.: 1 Sl No.: 61