Karnataka High Court
Smt Aarati Khanapure vs Sri Kumargaurav on 16 October, 2020
Bench: B.V.Nagarathna, N S Sanjay Gowda
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2020
PRESENT
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON'BLE MR. JUSTICE N.S. SANJAY GOWDA
M.F.A. No.1545/2020 (FC)
BETWEEN:
SMT. AARATI KHANAPURE
D/O. SRI VIJAYKUMAR KHANAPURE,
AGED ABOUT 31 YEARS,
R/AT NO.697, 7TH MAIN 'A',
2ND STAGE, 3RD CROSS,
BDA LAYOUT, DOMLUR,
BENGALURU - 560 071. ... APPELLANT
(BY SRI VIRUPAKSHAIAH P.H., ADVOCATE (THROUGH VIDEO
CONFERENCE))
AND:
SRI KUMARGAURAV
S/O. SHARANAPPA WADI
AGED ABOUT 34 YEARS,
R/AT NO.57, SWAMY VIVEKANANDANAGAR,
TAPASVI KRUPA, HATTURE WASTI,
HOTAGI ROAD, SHIVASHAHI POST,
SOLAPUR - 413 224
MAHARASHTRA. ... RESPONDENT
(BY SRI K. PRAKASH, ADVOCATE (THROUGH VIDEO
CONFERENCE))
THIS MFA IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE
DATED 17.12.2019 PASSED IN M.C.NO.828/2014 ON THE FILE
OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU, DISMISSING THE PETITION FILED UNDER
SECTION 13(1)(i-a)(i-b) OF THE HINDU MARRIAGE ACT, 1955.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
NAGARATHNA J., DELIVERED THE FOLLOWING:
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JUDGMENT
This appeal is listed for orders.
2. This appeal is directed against the dismissal of the petition filed under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for the sake of brevity), in M.C.No.828/2014, by judgment and decree dated 17/12/2019 by the V Additional Principal Judge, Family Court, Bengaluru, which was filed by the appellant/wife.
3. Though the matter is listed for orders, learned counsel for the respective parties have appeared through video conference along with their parties and have submitted that the parties have arrived at a settlement of their disputes. That they have filed a petition under Section 13B(1) of the Act seeking dissolution of their marriage by mutual consent on the terms stated therein. That the appellant/wife is at Bengaluru and the respondent/husband is at Solapur. That on account of Covid-19 Pandemic, they have filed separate and concurrent affidavits and not joint affidavits. The same may be taken into consideration. They further submitted -: 3 :- that the parties were married on 08/12/2007 at Solapur, but have been residing separately since October, 2012 i.e., for nearly eight years now. That there is no possibility of reconciliation or cohabitation together. In the circumstances, they have filed the petition under Section 13B(1) of the Act. They have also sought for waiver of the period stipulated under Section 13B of the Act having regard to the separation for the last eight years and there being no possibility of reconciliation between them. They submitted that bearing in mind the judgments of the Hon'ble Supreme Court in the case of Amardeep Singh vs. Harveen Kaur [(2017)8 SCC 746] (Amardeep Singh), this Court may waive the period of six months stipulated under Section 13B(2) of the Act and allow the petition filed under Section 13B(1) of the Act.
4. Both parties are present along with their counsel through video conference. The parties have been identified by their respective counsel.
5. When queried by this Court, they stated that they have, indeed, decided to dissolve their marriage by a decree of mutual consent. That after due deliberation, they have arrived at such a mutually acceptable decision. -: 4 :- There is no coercion or undue influence from any side and their decision to dissolve their marriage by a decree of divorce by mutual consent has been taken on their own free volition. They submitted that the judgment and decree of the Family Court may be substituted and the appeal may be disposed of in terms of the petition filed under Section 13B(1) of the Act and dissolve their marriage by a decree of divorce by mutual consent.
6. The petition filed by the parties is perused and taken on record. The same reads as under:
"PETITION UNDER SECTION 13(B) OF THE HINDU MARRIAGE ACT, 1955 The appellant and respondent herein most humbly submit as follows:
1. That the appellant herein has filed the instant Miscellaneous First Appeal challenging the Judgment and Decree dated 17.12.2019 in M.C.No.828/2014 passed by the V Additional Principal Civil Judge, Family Court, at Bangalore, whereby the petition filed by the appellant/petitioner under Section 13(1) (i-a) and (i-b) of the Hindu Marriage Act, 1955 seeking dissolution of marriage has been dismissed.
2. That the marriage of the appellant and the respondent was solemnized on 08.12.2007 at Mallikarjun Mandir, Akkalkot Road, Solapur as -: 5 :- per Hindu rites and customs. It is further submitted that, since October, 2012, the appellant and the respondent are living separately. Several negotiations/mediations were held in the presence of elders and family members but the same did not yield any result. The parties after giving a serious thought have decided to get their marriage dissolved keeping in mind their future as well as their own interest. They have clearly understood the fact that continuing as husband and wife would serve absolutely no purpose. On the contrary, continuing the relationship of husband and wife any further will have an adverse effect on both of them.
Inspite of the sincere efforts made by the elders, friends and well-wishers, the parties could not get along with each other well. Further, all efforts of reconciliation having failed miserably, the parties without being forced, co-erced or being unduly influenced from any quarter, knowing and understanding fully the consequences of their action have decided to seek their marriage dissolved.
3. Both the appellant & respondent have agreed to withdraw all the allegations made by them against each other unconditionally.
4. It is agreed by the appellant and the respondent, that the marriage solemnized on 08.12.2007 between the appellant and the respondent at Mallikarjun Mandir, Akkalkot Road, Solapur as per Hindu rites and customs, -: 6 :- to be dissolved by granting the Decree of Divorce by Mutual Consent by setting aside the Judgment & Decree dated 17.12.2019 in M.C.No.828/2014 passed by the V Additional Principal Judge, Family Court, at Bengaluru in the ends of justice.
5. The parties herein agree that they will not make any claim against each other at any point of time either for maintenance and/or claiming any right in respect of the properties held by them and undertake not to interference with each other's future personal life. The parties further agree that they will not re-open or challenge the instant understanding and agree to abide by the order of this Hon'ble Court as binding upon them at all times.
6. This Petition for Dissolution of Marriage by mutual consent is entered into between the parties with free consent. The contents of this petition are read over and understood and admitted by the parties and the parties hereby admit that the same are true and correct to the best of out knowledge belief and information.
Wherefore, the appellant and respondent herein most humbly pray that this Hon'ble Court may be pleased to allow the instant Petition as prayed for and to pass necessary orders granting Decree of Divorce dissolving the marriage solemnised between the appellant and respondent on 08.12.2007 at Mallikarjun Mandir, Akkalkot -: 7 :- Road, Solapur, registered before the Registrar of Marriages, Solapur North - 2 bearing No.MAHM/SLR2/2008/100 dated 14.02.2008, in the interest of justice and equity.
Sd/- Sd/-
Advocate for Appellant Appellant
Sd/- Sd/-
Advocate for Respondent Respondent
Bangalore
Date: 14.10.2020"
The said petition is verified by verifying affidavits filed by the parties. The parties have also reiterated what has been stated in the petition filed under Section 13B(1). The parties have also filed an application under Section 13B(2) of the Act seeking waiver of statutory period of six months as stipulated under the said provision.
7. Learned counsel for the respective parties have submitted that on account of their strained relationship, there is no chance of a re-union and cohabitation between the parties and they have been living separately for the last eight years and that the conditions for seeking dissolution of marriage by a decree of divorce under Section 13B(1) have been complied with. Therefore, this Court may waive the statutory period of six months -: 8 :- stipulated under Section 13B(2) of the Act and allow the petition filed under Section 13B(1) of the Act.
8. Having regard to the aforesaid submissions made and also bearing in mind the fact that the parties have been living separately for the last eight years and there is no possibility of reconciliation between them, we deem it just and proper to allow the application filed under Section 13B(2) of the Act, by placing reliance on the decision of the Hon'ble Supreme Court in the case of Amardeep Singh vs. Harveen Kaur (supra). In the circumstances, the application filed under Section 13B(2) of the Act is allowed.
9. We have perused the joint petition filed under Section 13B(1) of the Act. We note that the said petition has been signed by the parties and their respective counsel.
10. We have perused the contents of the said petition. Essentially, the parties are seeking dissolution of their marriage by a decree of divorce by mutual consent. The parties have no claims whatsoever against each other. The parties do not have any children. The parties have agreed to abide by the terms and conditions as stated in -: 9 :- the petition which we have closely perused. On perusal of the same, we find that the said terms and conditions are lawful and we do not find any legal impediment in accepting the same. Further, the petition is also supported by affidavits of the parties.
11. In the circumstances, the impugned judgment and decree of the Family Court is set aside and is substituted by this judgment. The marriage between the parties, which was solemnized on 08/12/2007 at Mallikarjun Mandir, Akkalkot Road, Solapur, is dissolved by a decree of divorce by mutual consent. Consequently, the registration of the said marriage before the Registrar of Marriages, Solapur, under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998 and registration of marriage would have no effect whatsoever.
12. The appeal is allowed and disposed of in the aforesaid terms.
13. The registry to draw up a decree as per Section 13B(1) of the Act.
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In view of the disposal of the appeal in terms of Section 13B(1) of the Act, the memorandum of compromise filed by the parties is redundant and is ordered to be filed.
Sd/-
JUDGE Sd/-
JUDGE S*