Karnataka High Court
Smt. Sandhya vs Sri Nithyananda Kamath on 3 March, 2016
Bench: N.K.Patil, Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2016
:PRESENT:
THE HON'BLE MR. JUSTICE N.K. PATIL
AND
THE HON'BLE MRS. JUSTICE RATHNAKALA
M.F.A.No. 2587 of 2013 (MC)
Between:
Smt. Sandhya,
D/o. Sri. Sripadaraya Shenoy,
Age: 36 years,
R/at. No.1/74, Damar Thota,
Kilpady, Mulki Post,
Mangalore Taluk,
D.K. District-575 001.
....Appellant
(By Sri. Prasanna.V.R, Advocate)
And:
Sri. Nithyananda Kamath,
S/o. Sri. Hariyappa Kamath,
Age: 42 years,
R/at. Super Care Catering Service,
Times of India Building,
No.40/1, S & B Tower,
M.G. Road, Bangalore-560 001.
....Respondent
(By Sri. S. Thejeshwara, Advocate)
********
This MFA is filed U/s. 28(1) of Hindu Marriage Act
against the Judgment and Decree dated:20/06/2012,
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passed in MC No.4/2012, on the file of the Senior Civil
Judge & ACJM, Karkala, dismissing the petition filed U/s.
13(1)(i-a)(i-b) of the Hindu Marriage Act.
This M.F.A. coming on for Further Orders this day,
N.K. PATIL J, delivered the following:
:J U D G M E N T:
This appeal by the appellant-wife is directed against the impugned judgment and decree dated 20/06/2012, passed in MC No.4/2012, by the Senior Civil Judge & ACJM, Karkala, wherein, petition filed by her U/s. 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 is dismissed.
2. We have heard learned counsel appearing for the appellant and learned counsel appearing for respondent. The appellant and the respondent are present before the Court and their presence is placed on record.
3. During the course of the submission, learned counsel appearing for both the parties submitted that the matter has been settled between the parties and they have filed a Memorandum of Joint Petition under 3 Section 13-B of Hindu Marriage Act, 1955. Therefore, they submitted that placing the terms and conditions of the Memorandum of Joint petition dated 2.3.2016 filed in the Court on 3.3.2016 on record, this appeal may be disposed of and the marriage solemnized between the appellant and respondent may be dissolved.
4. The terms and conditions of the Memorandum of Joint Petition under Section 13-B of Hindu Marriage Act, 1955, dated 02/03/2016 filed in the Court on 03/03/2016 duly signed by the parties and attested by their counsel read as under:-
" The Appellant and Respondent respectfully submit as under:-
1. It is submitted that in the above Appeal, the Appellant has challenged the Judgment and Decree dated 20.06.2012 in MC No.4/2012 passed by the learned Senior Civil Judge & ACJM, Karkala, dismissing the petition filed by her against the Respondent seeking divorce under the provisions of Section 13(1) (i-a) and (i-b) of the Hindu Marriage Act, 1955.
2. The Appellant is the wife of the Respondent.
Their marriage was solemnized on 19.04.2000 at Kaleshwara Temple of Kalasa. Due to their 4 wedlock, the appellant gave birth to Two female children on 26.05.2001 and 16.03.2006 who are named as 'Shwetha' and 'Harshita' who are under the care and custody of the Appellant-wife.
3. That both the appellant and respondent are residing separately since Seven years without any co-habitation and both of them have lost trust with each other. Their marital relationship has been irretrievably broken and both of them cannot continue as wife and husband henceforth. Therefore, after due deliberation with the well- wishers, both the appellant and respondent mutually decided to get their marriage dissolved by obtaining decree of divorce by mutual consent and as such, both the appellant and respondent have presented this Joint Petition for dissolution of their marriage with a view to avoid future litigation.
4. Both the parties have agreed to have their marriage dissolved by way of divorce by mutual consent, without force, coercion or compulsion by either of the parties.
5. Both the parties have agreed that the minor children are continued to be with the care and custody of appellant and she has no objections for the respondent to have a visiting right twice in every month with prior intimation to the appellant at the place fixed by both the parties.
6. Both the parties have agreed that the maintenance of children and the appellant are being looked after by the appellant herself and she has no claim what so ever against the respondent. However, there is no objections from the appellant 5 for the respondent making any investment in the name of children for their future education and other prospects.
7. The Appellant hereby withdraw all allegations against the respondent. Both the parties have realized that there cannot be any cohabitation between them as they are living separately since 2009.
Wherefore, both the Appellant and Respondent respectfully prays that this Hon'ble Court may be pleased pass the following Orders;
(i) Dissolve the marriage of the Appellant and Respondent held on 19.04.2000 at Kaleshwara Temple of Kalasa, by granting decree of divorce by mutual consent;
(ii) The Judgment and Decree dated 20.06.2012 in M.C. NO.4/2012 passed by the learned Senior Civil Judge & ACJM, Karkala be modified; "
5. Placing the submission made by learned counsel for both the parties and the terms and conditions of the Memorandum of Joint petition under Section 13-B of Hindu Marriage Act, 1955 as stated supra on record, the appeal filed by the appellant is allowed.6
The impugned judgment and decree dated 20/06/2012, passed in MC No.4/2012, by the Senior Civil Judge & ACJM, Karkala, is hereby set aside. The marriage solemnized between the appellant and the respondent on 19.4.2000 at Kaleshwara Temple of Kalasa is hereby dissolved by granting a decree of divorce by mutual consent in the interest of justice and equity. Ordered accordingly.
Sd/-
JUDGE Sd/-
JUDGE tsn*