Karnataka High Court
Mrs Anusree Chandrahasan vs Rajesh Kumar R on 10 December, 2020
Bench: B.V.Nagarathna, Nataraj Rangaswamy
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF DECEMBER, 2020
PRESENT
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
AND
THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY
M.F.A.No.1958 OF 2017 (FC)
C/W
M.F.A No.1957 OF 2017 (FC)
IN MFA NO.1958/2017:
BETWEEN:
MRS. ANUSREE CHANDRAHASAN
AGED ABOUT 32 YEARS,
W/O RAJESH KUMAR. R,
D/O MR. C.H. CHANDRAHASA,
R/A KALKI KRUPA,
LAXMIPURA CROSS,
VIDYARANYAPURA (PO)
BANGALORE-560097.
... APPELLANT
(BY SRI. TEJAS S.R., ADVOCATE FOR SRI.GANAPATHI
HEGDE, ADVOCATE)
AND:
RAJESH KUMAR. R
AGED ABOUT 39 YEARS,
S/O M.K. RAVEENDRAN,
R/A "DWARAKA" BISHOP PALACE NAGAR 106,
THANKASSERY KOLLAM-7.
2
PRESENTLY AT:
ORCHARD APARTMENTS,
FLAT NO.5 D GREAT ORCHARD CLOCK,
VIDYANAGAR, PANAMPILLY NAGAR,
ERNAKULAM DISTRICT,
KERALA STATE-682036
... RESPONDENT
(BY SRI. V.S.BIJU, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 19(1) OF THE FAMILY COURTS ACT,
AGAINST THE JUDGMENT AND DECREE DATED 03.02.2017
PASSED IN M.C.NO.4913/2013 ON THE FILE OF THE II
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU, DISMISSING THE PETITION FILED UNDER
SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955.
IN MFA NO.1957/2017:
BETWEEN:
MRS. ANUSREE CHANDRAHASAN
AGED ABOUT 32 YEARS,
D/O MR. C.H. CHANDRAHASA,
R/A KALKI KRUPA,
LAXMIPURA CROSS,
VIDYARANYAPURA (PO),
BANGALORE-560097.
... APPELLANT
(BY SRI. TEJAS S.R., ADVOCATE FOR SRI.GANAPATHI
HEGDE, ADVOCATE)
AND:
RAJESH KUMAR. R
AGED ABOUT 39 YEARS,
S/O M.K. RAVEENDRAN,
R/A "DWARAKA" BISHOP PALACE NAGAR 106,
THANKASSERY KOLLAM-7.
3
PRESENTLY AT:
ORCHARD APARTMENTS,
FLAT NO.5 D GREAT ORCHARD CLOCK,
VIDYANAGAR, PANAMPILLY NAGAR,
ERNAKULAM DISTRICT,
KERALA STATE-682036.
... RESPONDENT
(BY SRI. V.S.BIJU, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 19(1) OF THE FAMILY COURTS ACT,
AGAINST THE JUDGMENT AND DECREE DATED 03.02.2017
PASSED IN M.C.NO.527/2015 ON THE FILE OF THE II
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU, ALLOWING THE PETITION FILED UNDER
SECTION 9 FOR RESTITUTION OF CONJUGAL RIGHTS.
THESE APPEALS COMING ON FOR ORDERS THIS
DAY, NAGARATHNA, J., DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are listed to consider the petition filed under Section 13-B(1) as well as the application filed under Section 13-B(2) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for the sake of brevity).
2. These appeals are filed by the wife assailing the common Judgment dated 03.02.2017 passed by the II Additional Principal Judge, Family Court, Bengaluru in M.C.No.4913/2013 connected with 4 M.C.No.527/2015. M.C.No.4913/2013 was filed by the appellant - wife under Section 13(1)(i-a) of the Act seeking dissolution of marriage by a decree of divorce, while M.C.No.527/2015 was filed by the respondent - husband under Section 9 of the Act seeking restitution of conjugal rights. By the impugned Judgment and Decree, the Family Court has dismissed the petition filed by the appellant - wife, while allowing the petition filed by the husband.
Hence, the wife has filed these appeals.
3. Learned counsel for the respective parties along with the parties have appeared through Video Conference.
4. Learned counsel submitted that the parties, after negotiation, have filed the petition under Section 13-B(1) and the application under Section 13-B(2) of the Act. They have decided to dissolve their marriage by mutual consent. That the terms are set out in the petition. The parties are also present. Therefore, 5 these appeals may be disposed of in terms of the petition and the application filed by the parties.
5. As noted above, the parties are also present through video conference and they have been identified by their respective counsel. When we queried them about the petition and the application filed by them, they stated that they have negotiated on their own free volition without there being any coercion or undue influence from any side. They stated that they have no claims as against each other and that they would abide by the terms of the petition. They stated that the appeals may be disposed of and their marriage may be dissolved by a decree of divorce by mutual consent.
6. Learned counsel for the respective parties submitted that the parties have been residing separately since the year 2013 and there is no possibility of reconciliation or cohabitation between them. Hence, the application has been filed under Section 13-B(2) of the Act. The said application may 6 be allowed having regard to the Judgment of the Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur,(2017) 8 SCC 746 and the petition filed under Section 13-B(1) may be allowed.
7. In the circumstances, we have taken on record the petition filed under Section 13-B(1) of the Act. We note that the same is signed by the respective parties and their counsel. It is supported by the affidavits of both the parties. The petition reads as under:
"MEMORANDUM OF PETITION FOR DIVORCE BY MUTUAL CONSENT UNDER SECTION 13-B(1) OF THE HINDU MARRIAGE ACT, 1955 The parties above named most respectfully submit as follows-
1) The marriage between the Petitioner No.1 and Petitioner No.2 was solemnized as per rights and customs of Hindu community at Sri Krishna Temple, Guruvayoor on 19.08.2011. Since 03.05.2013 the parties have been living separately and the 7 differences between them have become irreconcilable.
2) Petitioner No.1 had filed a petition seeking a decree of divorce from Petitioner No.2 before the Hon'ble Court of the II Additional Principal Judge, Family Court at Bengaluru bearing M.C.No.4913/2013 under S.13(1)(i-a) of the Hindu Marriage Act, 1955. The same was dismissed vide order dated 03/02/2017. The appeal bearing M.F.A.No.1958/2017 arises out of the said order.
3) Petitioner No.2 had filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights in Ernakulam bearing O.P.No.1471/2013 which subsequently got transferred to Bengaluru and numbered as M.C.No.527/2015. The said M.C.No.527/2015 was allowed vide order dated 03.02.2017 by the Hon'ble II Additional Principal Judge, Family Court at Bengaluru. The appeal bearing M.F.A. No.1957/2017 arises out of the said order.
4) In addition to the above, Petitioner No.1 had also filed a complaint on 07.09.2013 8 before the Gangammagudi Police Station. An FIR bearing FIR No.146/2013 was registered under S.498A, 323 and 506 of the IPC and S.3 and 4 of the Dowry Prohibition Act, 1961. The criminal case bearing C.C.No.29961/2014 is pending on the file of the I Additional Chief Metropolitan Magistrate, Bengaluru against Petitioner No.2.
5) Petitioner No.1 had also filed a petition under section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Court of the Metropolitan Magistrate Traffic Court IV which was numbered as Crl.Misc.No.136/2015. The Learned Metropolitan Magistrate Traffic Court IV vide its order dated 25.09.2018 had dismissed Crl.Misc.No.136/2015 and an appeal against the said order dated 25.09.2018 had dismissed Crl.Misc. No.136/2015 and an appeal against the said order dated 25.09.2018 in Crl.Misc. No.136/2015 is pending before the Hon'ble LXV Additional City Civil and Sessions Judge, Bengaluru (CCH-66) in Cri.Appeal No.2140/2018.
6) Petitioner No.1 and Petitioner No.2 have now been living separately for over 7 and 9 a half years. Their marital relationship is irretrievably broken and no reconciliation has been possible despite best efforts. The Petitioners had developed a feeling to the effect that one of them staying with the other is not in their best interest and it is not possible for both the Petitioners to lead a marital life together in future and as such both the Petitioners have decided to get their marriage dissolved, so as to enable each of them to lead a separate life of their own choice in future. There are no issues out of the marriage.
7) Pursuant to discussions between the parties, they have out of their own volition and free will agreed as under:
a) The marriage solemnized between the parties as per rights and customs of Hindu community at Sri.Krishna Temple, Guruvayoor on 19.08.2011 be dissolved by a decree of divorce by mutual consent. Consequently M.F.A No.1958/2017 be allowed as per the terms of the instant Petition and the Order dated 03/02/2017 in M.C.No.4913/2013 be set aside;
10b) M.F.A.No.1957/2017 be allowed and the order dated 03.02.2017 in M.C.No.527/2015 under S.9 of the Hindu Marriage Act, 1955 be set aside;
c) Both the parties herewith univocally agree that hereafter no claim, demand or right in any manner will be put forth in any manner and the parties state that there are no dues whatsoever payable to one another in any form. Neither of the parties are putting forth any claim for maintenance or any other claim or share in the property. Both the parties individually and categorically state that they will not put forth any claim for maintenance or any other claim whatsoever against the other party either during the pendency of this proceedings or in the future;
d) Both the parties agree that claims directly or indirectly put forth till date against the other 11 are herewith irretrievably relinquished by both the parties in view of this settlement arrived at by their mutual decision with full and final satisfaction of both the parties and there are no claims towards past and future maintenance / alimony / compensation / damages etc. by both the parties towards each other. Both parties have no claims whatsoever with respect to any monies / jewellery / documents etc. of each other:
e) Both the parties agree that they will not act against the other nor against the covenants or settlement entered into herein.
All disputes Civil / Criminal in nature against each other and their family members with respect to movable and immovable properties will be withdrawn immediately and both parties will not put forth any claims henceforth in connection with their matrimonial life against each other or their families;
12f) Petitioner No.1 will as soon as possible after the marriage is dissolved by a decree of divorce withdraw the Cri.Appeal.2140/2018 pending before the Hon'ble LXV Additional City Civil and Sessions Judge, Bengaluru (CCH-66) arising out of order dated 25.09.2018 in Crl.Misc.No.136/2015.
g) Petitioner No.2 will take steps to have C.C.No.29961/2014 pending before the file of the I Additional Chief Metropolitan Magistrate, Bengaluru quashed and Petitioner No.1 will co-operate with the same;
h) Both the parties agree to put behind them their experiences connected with or arising out of their marriage. Accordingly, both parties agree to hereinafter refrain from making (directly or indirectly) any disparaging / defamatory / denigrating statements either oral or written or in any form against the other party, their family or friends.
138) The Parties agree that the aforesaid settlement, stated in this Petition, is a lawful settlement between the parties and is the full, final and complete settlement of all the inter-se claims / disputes / complaints, operating and binding from the date the parties sign the present Petition and the parties shall not have any further claims against each other with respect of the subject matter of the present appeals.
9) Both the parties agree and affirm that all the disputes between them whatsoever are all hereby settled and both can lead their independent and peaceful lives without interference from each other.
10) Both the Parties declare and affirm that this petition is being filed out of the free will and volition of the Parties and without any coercion or undue influence.
11) Both the Parties declare that the present Petition is being executed by themselves and they are competent to enter into the present settlement.
12) Except the aforementioned proceedings there are no other proceedings between the parties.
1413) There is no unnecessary delay in filing this Petition and there is no legal impediment in granting the relief sought for in the Petition.
14) The Petitioner No.1 has been residing within the jurisdiction of this Hon'ble Court from 03.05.2013 along with her parents. Further, the impugned orders against which the present appeals have been filed were passed within the jurisdiction of this Hon'ble Court.
15) The Parties therefore respectfully submit and pray that this Hon'ble Court may be pleased to record the terms of the understanding and settlement set forth herein.
WHEREFORE, the parties above named pray that this Hon'ble Court may be pleased to:
(a) Pass a Decree of Divorce dissolving their marriage performed between Petitioner No.1 and Petitioner No.2, as per the rights and customs of Hindu community at Sri Krishna Temple, Guruvayoor on 19.08.2011:15
(b) Decree the Appeals bearing M.F.A.Nos.1957-58/2017 in terms of the settlement contained herein: and
(c) To pass such other order as this Hon'ble Court might deem fit in the interest of justice and equity."
8. We have also perused the application filed under Section 13-B(2) of the Act. The said application is supported by the affidavits filed by the respective parties. We have perused the same.
9. We note that the parties have been living separately for over seven years. There is also no possibility of reconciliation between them. Therefore, the application filed under Section 13-B(2) of the Act is allowed, having regard to the judgment of the Hon'ble Supreme Court in the case of Amardeep Singh Vs. Harveen Kaur (supra).
10. We have also perused the petition filed under Section 13-B(1) of the Act. On perusal of the terms thereon, we find that they are lawful and there 16 is no legal impediment to accept the same. We also note that the parties have averred that they have been living apart over seven years and that they are not able to live together and they have mutually agreed that their marriage should be dissolved by a decree of divorce.
11. In the circumstances, having found that the terms of the petition are lawful and there is no legal impediment to accept the same, we accept the said terms.
12. In the circumstances, the marriage between the parties which was solemnized on 19.08.2011 at Guruvayoor is dissolved by a decree of divorce by mutual consent. The Judgment and Decree impugned in these appeals are substituted by the present Judgment and Decree. The appeals are accordingly disposed of.
13. In view of disposal of the appeals, pending applications stand disposed.
1714. Also, the compromise petition filed under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 is ordered to be filed.
15. Registry to draw up a decree in the aforesaid terms.
Sd/-
JUDGE Sd/-
JUDGE GH