Karnataka High Court
Mr. Prabhu Vaippan vs Mrs. Akshita Pande on 4 November, 2020
Bench: B.V.Nagarathna, N S Sanjay Gowda
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 4TH 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.3342/2020 (FC)
BETWEEN:
MR. PRABHU VAIPPAN
S/O. T.P. ABRAHAM,
AGED ABOUT 30 YEARS,
NO.4142, SHOBHA CITY, MYKONOS,
THANNISANDRA MAIN ROAD,
HEGDE NAGAR,
BANGALORE - 560 077. ... APPELLANT
(BY SRI SHAHNAWAZ MAMADAPUR, ADVOCATE (THROUGH
VIDEO CONFERENCE))
AND:
MRS. AKSHITA PANDE
D/O. AVINASH PANDE,
AGED ABOUT 29 YEARS,
NO.4142, SHOBHA CITY, MYKONOS,
THANNISANDRA MAIN ROAD,
HEGDE NAGAR,
BANGALORE - 560 077. ... RESPONDENT
(BY SRI RAVIPRAKASH AVIN, ADVOCATE (THROUGH VIDEO
CONFERENCE))
*****
THIS MFA IS FILED UNDER ORDER XLIII RULE 1(4),
UNDER SECTION 39 OF THE SPECIAL MARRIAGE ACT R/W
SECTION 19 OF THE FAMILY COURTS ACT, AGAINST THE
JUDGMENT AND DECREE DATED 20.03.2018 PASSED IN
M.C.NO.4655/2017 ON THE FILE OF THE 1ST ADDITIONAL
JUDGE FAMILY COURT, BENGALURU, DISPOSING OFF THE
PETITION IN TERMS OF THE SETTLEMENT.
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THIS APPEAL COMING ON FOR ORDERS THIS DAY,
NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT
Though this appeal is listed for orders, with the consent of learned counsel on both sides, it is heard finally.
2. Learned counsel for respective parties submit that this appeal has been filed by the husband, seeking recall of the dissolution of marriage by a decree of divorce by mutual consent granted by the Family Court at Bangalore, in M.C.No.4655/2017. They submit that the parties were married on 10/07/2016 under the provisions of the Special Marriage Act, 1954 [hereinafter, referred to as "the Act"].
3. That on account of differences, the parties decided to separate and seek divorce by mutual consent. Consequently, a petition was filed under Section 28(1) of the Act, seeking dissolution of their marriage solemnized on 10/07/2016 and registered on 11/07/2016 by a decree of divorce by mutual consent. The I Addl. Principal Judge, Family Court, Bangalore, directed the parties to appear before the Bangalore Mediation Centre (BMC), in order to -: 3 :- ascertain as to whether there could be a reconciliation in the matter. However, there was no reconciliation and the parties decided to dissolve their marriage by mutual consent and a Memorandum of Settlement under Section 89 of the Code of Civil Procedure (1908) read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, was entered into between the parties. Consequently, marriage between the parties was dissolved by a decree of divorce by mutual consent by order dated 20/03/2018.
4. Learned counsel for respective parties submit that subsequently, both the parties realized that they had obtained dissolution of their marriage by a decree of divorce by mutual consent hastily, that they actually intended to resolve the differences between them and infact, have now dissolved all differences between them and they have now taken a decision to seek recall of the decree of divorce by mutual consent, so that they could live together as husband and wife.
5. When the matter was listed on the last occasion, we had directed learned counsel for appellant to ensure -: 4 :- that on the next date of hearing respondent would also appear. In the circumstances, respondent has appeared along with the appellant and the counsel for respondent has also appeared through video conference.
6. Learned counsel for respective parties in the aforesaid circumstances, submit that the order dated 20/03/2018 may be recalled. Consequently, the decree of divorce may be recalled and it may be declared that the parties wish to live together and therefore, the registration of their marriage would also continue.
7. As already noted, the parties are also present before this Court through video conference. They have been identified by their respective counsel.
8. When queried by this Court, the parties stated in unison that they wish to seek recall of the decree of divorce by mutual consent granted by the Family Court and wish to live together. Therefore, they request that an appropriate order may be made in this appeal.
9. The aforesaid facts and submissions would not call for a reiteration except stating that the parties were -: 5 :- married on 10/07/2016 and they were divorced by a decree of divorce by mutual consent granted by the Family Court, Bangalore on 20/03/2018. That as per the parties and their respective counsel, there is reconciliation of the differences between them and the parties wish to live together as husband and wife. Therefore, they have sought for recall of the decree of divorce by mutual consent including settlement arrived at between them before the BMC.
10. We have perused the settlement arrived at between the parties, which is at Annexure "C" to the memorandum of appeal. The same reads as under:-
"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
The parties above named beg to submit as follows:-
I. The aforesaid petition under 28(1) of the Special Marriage Act 1954 was referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions:-: 6 :-
1. The marriage of the parties was solemnized on 10-07-2016 at Bharatpur, Rajasthan as per Hindu customs and registered on 11-07-2016 before the Marriage Registration Officer Bharatpur, Rajasthan bearing Marriage Certificate No.08105001000000100168/2016 and solemnized on 10-09-2016 at Mevelloor, Kerala according to Christian rituals.
Subsequent to their marriage the petitioners resided at Bangalore.
2. That due to irreconcilable differences and incompatibility of temperaments, the petitioners have been living separately from 11-09-2016. There is absolutely no chance of reunion amongst themselves.
Hence, the petitioners have decided to get the marriage between themselves dissolved by a decree of divorce mutually. Both the petitioners herein voluntarily and out of their free will have mutually agree and consent each other for getting the marriage between themselves dissolved by a decree of divorce.
3. The parties admit that they have no issues born from their wedlock.
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4. The 1st petitioner is not claiming any amount towards her maintenance and permanent alimony from the 2nd petitioner.
5. Both the petitioners have no claims of whatsoever nature against each other either past, present or future.
6. Both the parties undertake that they will also not interfere with the lives of each other in future.
II. In view of the aforesaid agreement entered into between the parties, the parties pray that this Court be pleased to dissolve the marriage solemnized between the petitioners on 10-07-2016 at Bharatpur, Rajasthan and registered on 11-07-2016 before the Marriage Registration Officer Bharatpur, Rajasthan bearing Marriage Certificate No.08105001000000100168/2016 and solemnized on 10-09-2016 at Mevelloor, Kerala according to Christian rituals by granting a decree of divorce in terms of the aforesaid agreement.
III. Parties will appear on 20.03.2018 before the Court for passing orders in terms of the agreement."
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11. In view of the submissions made by learned counsel for the respective parties, in presence of the parties and on hearing the parties, we do not think that there is any impediment to recall the said settlement. Consequently, the dissolution of marriage which took place on 10/07/2016 by a decree of divorce on 20/03/2018 is recalled. It is declared that the parties continue to be married and are husband and wife and consequently, their marriage certificate is also valid and marriage between the parties which took place on 10/07/2016 continues to subsist and the petition filed by them under Section 28(1) of the Act stands disposed.
12. Accordingly, the appeal is disposed of.
Sd/-
JUDGE Sd/-
JUDGE *mvs