Karnataka High Court
Sheetal S/O Bhupal Kuppanatti vs Soumya W/O Sheetal Kuppanatti on 8 September, 2022
Author: S G Pandit
Bench: S G Pandit
-1-
MFA No. 103370 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 08TH DAY OF SEPTEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 103370 OF 2014 (MC)
BETWEEN:
SHEETAL S/O BHUPAL KUPPANATTI
AGE: 36 YEARS, OCC: AGRICULTURE, R/O: SADALGA,
TQ:CHIKKODI, DIST: BELAGAVI.
...APPELLANT
(BY SRI. SANGRAM S KULKARNI, ADVOCATE)
AND:
SOUMYA W/O SHEETAL KUPPANATTI
AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/O: C/O:
LAXMAN PADAM MAGDUM, BASTAWAD, TQ: HUKKERI,
DIST: BELAGAVI.
...RESPONDENT
(BY SRI. M M PATIL, ADVOCATE)
THIS MFA IS FILED U/S.28 OF HINDU MARRIAGE ACT,
AGAINST THE JUDGMENT AND DECREE DATED:19.11.2014, PASSED
Digitally signed
by J MAMATHA
Location: High IN M.C.NO.42/2010, ON THE FILE OF SENIOR CIVIL JUDGE,
Court of
Karnataka,
Dharwad Bench
Dharwad.
Date: 2022.09.17
CHIKODI, DISMISSING THE APPEAL FILED U/S.13(i)(ib) OF HINDU
11:29:56 +0530
MARRIAGE ACT.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY,
ANANT RAMANATH HEGDE J., DELIVERED THE FOLLOWING:
-2-
MFA No. 103370 of 2014
JUDGMENT
Challenging the order of dismissal of petition MC No.42/2010, in terms of judgment and decree dated 19.11.2014 on the file of learned Senior Civil Judge, Chikkodi, the appellant/husband is in appeal seeking dissolution of marriage.
2. Records would reveal that marriage between the appellant and respondent took place on 6.7.2006 and the petition seeking dissolution of marriage was filed in the year 2010. Both parties along with their advocates are present before the Court so also son of the appellant and respondent by name Sri. Gommatesh, who is aged about 15 years.
3. Learned counsel for the parties would submit that dispute between the parties is amicably settled and they are intending to file an application under Section 13B of the Hindu Marriage Act, 1955 (for short, 'Act') seeking dissolution of marriage on mutual terms and also filing an application under Section 13B(2) of the Act for waiving six -3- MFA No. 103370 of 2014 months' cooling period to accept the application under Section 13B of the Act. Accordingly, the parties have filed applications under Section 13B as well as Section 13B(2) of the Act.
4. This Court has perused the contents of application under Section 13B of the Act. From the averments made in the application, it is forthcoming that the parties are living separately for more than 10 years prior to this date. It is also averred that there is no chance of resumption of marital life between the parties. On enquiry made with the parties, this Court is also convinced that there is no chance of resumption of marital life between the parties. No purpose would be served in keeping the appeal pending for six months. Under the circumstances, application under Section 13B(2) of the Act for waiving six months cooling period is allowed. Consequently, application under Section 13B of the Act is accepted and taken on record.
-4-MFA No. 103370 of 2014
5. This Court has also made necessary enquiry with the parties and Court is convinced that the parties have mutually agreed to get their marriage dissolved on the terms and conditions incorporated in the 13B application. It is apparent that there is no force or coercion whatsoever to enter into settlement between the parties. The appellant has offered to pay a sum of Rs.5 lakhs to the respondent/wife as permanent alimony and the said amount is paid through five separate Demand Drafts drawn on Karnataka Vikas Grameena Bank, Chikkodi, in favour of respondent/wife, as follows:
a) DD No.666240, dated 29.08.2022 = Rs.1,00,000/-;
b) DD No.666241, dated 29.08.2022 = Rs.1,00,000/-;
c) DD No.666242, dated 29.08.2022 = Rs.1,00,000/-;
d) DD No.666243, dated 30.08.2022 = Rs.1,00,000/-;
e) DD No.666244, dated 30.08.2022 = Rs.1,00,000/-.
6. The respondent/wife acknowledges the receipt of said Demand Drafts. Application under Section 13B of the Act would also reveal that the respondent/wife is having the custody of son Sri. Gommatesh. It is also stated in the application that the appellant/husband has -5- MFA No. 103370 of 2014 undertaken to pay a sum of Rs.1,000/- per month towards maintenance of son Sri. Gommatesh. In addition, appellant/husband has also undertaken to bear educational expenses of his son Gommatesh.
7. During the course of enquiry with the parties, it is also forthcoming that suit filed by respondent/wife on behalf of son Gommatesh is pending before the competent Civil Court, where son is seeking partition.
8. Respondent/wife has also made statement before the Court that she shall not have any claim over the assets of the appellant/husband henceforth. It is also made clear that acceptance of 13B application filed by the appellant and respondent does not take away the right of son Sri. Gommatesh in the property, if any, of the appellant/husband and that shall not come in the way of adjudication of suit filed by respondent/wife on behalf of son Sri. Gommatesh.
9. Since the parties have agreed to dissolve their marriage in terms of 13B application, this Court is of the -6- MFA No. 103370 of 2014 view that it is a fit case to grant decree of divorce. Accordingly, appeal is allowed. The judgment and decree dated 19.11.2014 in MC No.42/2010 on the file of the learned Senior Civil Judge, Chikkodi is hereby set-aside. Consequently, the marriage solemnized between the appellant and respondent on 06.07.2006 is dissolved in terms referred to above. Registry to draw decree accordingly.
Sd/-
JUDGE Sd/-
JUDGE JTR