Karnataka High Court
Smt Bahvana vs Sri Karthik R on 7 August, 2023
Author: G.Narendar
Bench: G.Narendar
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NC: 2023:KHC:28013-DB
MFA No. 4685 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE G.NARENDAR
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO. 4685 OF 2022 (FC)
BETWEEN:
SMT BAHVANA
W/O SRI KARTHIK R
AGED ABOUT 32 YEARS
Digitally signed RESIDING AT NO.295, 6TH CROSS,
by YAMUNA K L
JAYANAGAR 1ST BLOCK,
Location: High
Court of BANGALORE-560011.
Karnataka ...APPELLANT
(BY SRI. VAKKUND SONATAI GANAPATRAO., ADVOCATE)
AND:
SRI KARTHIK R
AGED ABOUT 34 YEARS
S/O RAGHAVENDRA RAO
RESIDING AT NO.24
SIVAKAMINAGAR,
1ST MAIN ROAD, CHITLAPAKKAM
CHENNAI-600064.
...RESPONDENT
(BY SRI. I.PRAKASH RAI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
21.02.2022 PASSED IN M.C.NO. 5115/2020 ON THE FILE OF
THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU, PARTLY ALLOWING THE PETITION FILED UNDER
SECTION 13(1) (i-a) AND 13(1)(iii) OF THE HINDU MARRIAGE
ACT.
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NC: 2023:KHC:28013-DB
MFA No. 4685 of 2022
THIS APPEAL, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, G.NARENDAR J.,
DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the parties.
2. The appellant and respondent are present before the Court.
3. The counsels and parties have moved memo under Order XXIII Rule 3 of the CPC praying to dissolve the marriage in terms of the joint memo. The appeal is by the wife who is the petitioner in M.C.No.5115/2020 which came to be partly allowed. While allowing the petition the Family Court has been pleased to merely dissolve the marriage and has omitted to consider the application preferred under Section 25 of the Hindu Marriage Act and has not awarded any alimony and hence aggrieved the petitioner wife moved the appeal challenging the order and decree of divorce to the limited extent of payment of alimony. Now the parties have filed a joint compromise petition which reads as under:
"JOINT COMPROMISE PETITION FILED BY THE APPELLANT AND RESPONDENT U/O XXIII RULE 3 OF CPC, 1908 The Appellant and Respondent submit as follows:-3-
NC: 2023:KHC:28013-DB MFA No. 4685 of 2022
1. The Appellant and the Respondent submit that they had entered into a wedlock on 14/12/2018 at Saraswati Kalyana Mantapa, above Raghavendra Matha, Banashankari 2nd stage, Bangalore as per Hindu rites and customs. The marriage is registered as no.
JAY-HM 720-2018-19 on 15/12/2018 in CD no. JAYM 45 under the Hindu Marriage Act, 1955 before the Registrar of Marriage, Jayanagar.
2. It is submitted that after marriage, they lived in Chennai, Tamil Nadu. It is submitted that no issues are born of this marriage.
3. It is further submitted that few months after marriage, differences arose between the parties. It is submitted that since 16/10/2019, the petitioners have been living separately.
4. It is submitted that the Petitioner had filed a suit for dissolution of marriage before the Ist Additional Principal Family Court, Bengaluru under MC no. 5115/2020. The Hon'ble Family Court was pleased to grant an ex-parte decree of Divorce vide its order dated 21.02.2022. However, no alimony and exchange of articles was allowed by the Learned Family Judge and hence this appeal came to be filed.
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5. It is submitted that the Respondent herein had filed H.M.O.P No. 432/2020 seeking Restitution of Conjugal Rights Under Section 9 of the Hindu Marriage Act which is pending before the court of Subordinate Judge, Tambaram, Chennai. The Appellant herein had filed Transfer Petition no. 1081 was also filed before the Hon'ble Supreme Court of India seeking for transfer of HMOP No. 432/2020 from Chennai to Bangalore. It is submitted that the above transfer petition is pending before the Hon'ble Apex court.
6. It is submitted that the appellant had filed Crl. Misc. 86/2021 under section 12, Domestic Violence Act, 2005 against the Respondent and his parents which is pending before the IInd Additional Metropolitan Magistrate and Traffic Court, Bangalore.
7. It is submitted that despite several attempts by the elders and well-wishers of both the petitioners, differences could not be quelled and it was not possible to unite them. In view of this irretrievable breakdown of marriage, the appellant and the respondent have agreed to part their ways and lead their lives separately henceforth.
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8. It is submitted the Appellant and the Respondent have now entered into a Joint Compromise Petition in accordance to the following terms as agreed below:
a) The Appellant and the Respondent have agreed to dissolve the said Marriage 14/12/2018 at Saraswati Kalyana Mantapa, above Raghavendra Matha, Banashankari 2nd stage, Bangalore as per Hindu rites and customs.
b) The Appellant has agreed to withdraw all the allegations made in M.C. no. 5115/2020.
c) The Appellant has agreed to withdraw Crl.
Misc.No. 86/2021 pending before the IInd Metropolitan Magistrate and Traffic Court II, Bangalore under section 12 of the Domestic Violence Act, 2005.
d) The Respondent has agreed to withdraw H.M.O.P No. 432/2020 filed before the Subordinate Judge at Tambaram, Chennai.
e) It is submitted that both the parties have agreed that neither of the parties are liable to pay any permanent alimony or maintenance to one another and have agreed that they will not make any future claims against one another. However, the parties agree to return all the articles that -6- NC: 2023:KHC:28013-DB MFA No. 4685 of 2022 belonged to each other as detailed in Annexure A and B through this Joint Compromise Petition.
Annexure A (Articles to be returned by Respondent to Appellant) The Respondent agrees to return the following articles and the Appellant has received the articles mentioned in Annexure A. Silver Articles
1. Silver plates weighing about 400gms each- 3nos
2. Silver chombu (tambige) weighing about 500 gms - 1no
3. Pooja chombu-small weighing about 150 gms- 1no.
4. Silver tumblers weighing about 150 gms - 2nos
5. Arishina Kumkum plate with design weighing about 500 gms- 1no.
6. Arishina Kumkum bowls weighing about 70 gms each totaling 350 gms - 5nos.
7. Srigandhe bowls weighing about 70gms- 1no.
8. Deepa big weighing about 800gms- 1pair.
9. Deepa small weighing about 100gms- 1pair.
10. Arathi plate+Deepa weighing about 150gms-1 plate+1pair (deepa)
11. Small bowls- 2nos.
12. Sandyavandana set- 1each.(Panchapatra, Uddarane, Pyala)
13. Silver box- 1no.
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14. Kamakshi deepa- 1no.
15. Agarbathi stand- 1no.
16. Gowri idol- 1no.
17. Astothara flowers- 108nos.
18. Lakshmi Venkateshwara photo silver- 1no.
19. Decorative gold plated plate- 1no.
20. Arishina Kumkum bowls(Panchavala_- 1no.
Gold items
1. Gold neck chain- 1.
2. Diamond ring- 1.
Miscellaneous items:
1. Clothes- around 15 pairs.
2. Handbag- 1.
3. Books- around 10.
4. Decorative peacock gree.
5. Wooden stand(Peetah).
6. Brass deepa- 1 pair.
7. Lotus deepa- 1 pair.
8. Brass bell- 1no.
9. Additional Decorative plate gold coloured
10. Kumkum Bharani
11. Tulasi plate Deepa
12. Gowri Idol
13. Volale
14. Lakshmi Narasima idol
15. Totillu plus Krishna idol.-8-
NC: 2023:KHC:28013-DB MFA No. 4685 of 2022 Annexure B (Articles to be returned by Appellant to Respondent) The Appellant agrees to return the following articles and the Respondent has received the articles mentioned in Annexure B.
1. Mangalya -2
2. Gold Gundu - 2
3. Gold Wire - 1
4. Coral - 1
5. Gold ring - 1
6. Clothes.
Wherefore, it is humbly prayed that this Hon'ble Court may be pleased to allow the compromise and dissolve the marriage dated 14/12/2018 at Saraswati Kalyana Mantapa, above Raghavendra Matha, Banashankari 2nd stage, Bangalore as per Hindu rites and customs, registered as no. JAY-HM 720-2018- 19 on 15/12/2018 in CD no. JAYM 45 under the Hindu Marriage Act, 1955 before the Registrar of Marriage, Jayanagar in the interests of justice and equity.
Date: 7/8/2023 Bangalore Sd/- Sd/- Appellant Respondent Sd/- Sd/- Advocate for Appellant Advocate for Respondent" -9- NC: 2023:KHC:28013-DB MFA No. 4685 of 2022
4. Learned counsel for the appellant suggests that the appellant has now given up the prayer for payment of alimony and the articles given to her during the time of marriage has now been exchanged and the parties now have been satisfied with the same. In that view of the matter, the appeal is disposed of in terms of the compromise petition.
5. Registry to draw up the modified decree.
6. The judgment and decree of the Family Court stands modified. The decree of divorce is sustained. Further, the appeal is allowed in part in so far as the exchange of articles is concerned as detailed in Annexures to the memo.
Sd/-
JUDGE Sd/-
JUDGE ykl List No.: 2 Sl No.: 1