Partly allowed

Smt S Mamatha v. Sri N Ningegowda @ Raju

Karnataka HC20 Nov 2023MFA/5702/2021

Case brief

AI extract

What is this about?

High Court partly allowed Miscellaneous First Appeal allowing divorce by mutual consent under Section 13B(1) of Hindu Marriage Act, directing respondent to pay child's educational expenses while quashing other pending applications.

What did the court decide?

Divorce by mutual consent granted; respondent directed to pay child's educational expenses with right to recover on execution.

Smt S Mamatha Vs Sri N Ningegowda @ Raju — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:41560-DB MFA No.5702/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF NOVEMBER, 2023 PRESENT

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THE HON'BLE MRS JUSTICE K.S.MUDAGAL

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AND

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THE HON'BLE MR JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO.5702/2021 (FC)

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BETWEEN:

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SMT S MAMATHA W/O NINGEGOWDA AGED ABOUT 30 YEARS R/AT NO.16, 2^ND CROSS KALIDASA LAYOUT SRINAGAR BENGALURU-560 050 …APPELLANT

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(BY SRI. VASANTHA LAKSHMI H V., ADVOCATE)

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AND:

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Digitally signed by K S RENUKAMBA Location: High Court of Karnataka

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SRI N NINGEGOWDA @ RAJU @ RAJANNA B N S/O NINGAPPA AGED ABOUT 38 YEARS R/AT NO.21, 10^TH D CROSS MAHALAKSHMIPURAM BENGALURU-560 086 …RESPONDENT

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(BY SRI. V. VISHNUMURTHY., ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 06.01.2020 PASSED IN M.C.NO. 2313/2017 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1) (IA) OF THE HINDU MARRIAGE ACT.

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, K.S.MUDAGAL J. , DELIVERED THE FOLLOWING:

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NC: 2023:KHC:41560-DB MFA No.5702/2021

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JUDGMENT AND ORDER ON I.A.No.3/2023

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Both Counsel submit that they do not press I.A.No.1/2023 in view of filing I.A.No.2/2023. Therefore, I.A.No.1/2023 is dismissed as not pressed.

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Both parties and their counsel are present. The parties are duly identified by their respective Counsel.

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Both parties have presented petition under Section 13B(1) of the Hindu Marriage Act,1955 seeking dissolution of Marriage by mutual consent.

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Appellant/applicant No.1 admits receipt of the permanent alimony as mentioned in para No.10(a) of the petition. Both parties submit that they have voluntarily filed the petition. They further submit that they are residing separately since 2017. The impugned judgment indicates that applicant No.1 herself admitted in her pleading that herself and applicant No.2 are living separately since 23.04.2017. The parties have withdrawn allegations made against each other.

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The records show that in view of compromise

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entered into between the parties, the proceeding in Crime No.48/2023 of Basavanagudi Women’s Police Station filed

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3 - NC: 2023:KHC:41560-DB MFA No.5702/2021

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against applicant No.2 alleging dowry harassment and Crl.Misc.No.180/2022 filed by applicant No.1 under D.V Act have been quashed by this Court in Crl.P.No.5390/2023 and Crl.P.No.4828/2023 respectively.

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Conditions to be satisfied for granting decree of divorce by mutual consent are:

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(i) The parties should be living separately for a period of one year or more before presentation of the petition;

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(ii) There should be mutual agreement between the parties for dissolution of marriage;

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(iii) The petition shall not be taken up for hearing within six months after the date of presentation of the petition.

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The facts discussed above show that requirement Nos.1 and 2 are satisfied. So far as the third requirement of six months waiting period, the trial Court has already granted the decree of divorce on 06.01.2020 in M.C.No.2313/2017. Six months cooling period has to be given to enable the parties to have reunion, if possible. The facts and circumstances narrated

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above show that there is no possibility of reunion between the parties. Therefore the said period of six months can be waived

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4 - NC: 2023:KHC:41560-DB MFA No.5702/2021

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off. Admittedly, their son aged 14 years is studying in sixth standard. He is in the custody of applicant No.1. Under the petition, applicant No.2 has agreed to pay the educational expenses and maintenance of the child.

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Under the circumstances satisfied that, it is a fit case to allow the application and pass decree for dissolution of marriage by mutual consent. Hence the following:

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ORDER

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Appeal is partly allowed.

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(i) I.A.No.3/2023 filed Under Order 13B(1) of the

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Hindu Marriage Act is allowed.

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(ii) The marriage of appellant/applicant No.1 and respondent/applicant No.2 solemnized on 09.06.2010 is hereby dissolved by mutual consent of the parties.

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(iii) Respondent/applicant No.2 is hereby directed to pay the educational expenses of the child, failing which applicant No.1 is entitled to recover the same by filing execution petition. Except that the parties have no other claim against each other.

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NC: 2023:KHC:41560-DB MFA No.5702/2021

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Draw decree accordingly.

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Pending IAs stood disposed of.

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Sd/JUDGE

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Sd/JUDGE

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PKN List No.: 1 Sl No.: 12

Smt S Mamatha v. Sri N Ningegowda @ Raju

Case brief

What is this about?

What did the court decide?

Smt S Mamatha v. Sri N Ningegowda @ Raju

Case brief

What is this about?

What did the court decide?

What the court decided

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