Allowed

K E Mallikarjuna G v. Shubharani

Karnataka HC15 Dec 2023MFA/6664/2022

Case brief

AI extract

What is this about?

The High Court allowed two mutual consent divorce appeals. The court set aside lower court orders, recording a consent decree that dissolved the marriage after finding the parties lived separately for over seven years and entered a voluntary settlement.

What did the court decide?

Decree for dissolution of marriage passed; impugned judgments set aside; alimony claims settled by payment of Rs.5,00,000.

K E Mallikarjuna G Vs Shubharani — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:45816-DB MFA No.6664/2022 C/W MFA No.3144/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF DECEMBER, 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. 6664/2022(MC) C/W MISCELLANEOUS FIRST APPEAL NO. 3144/2021(MC)

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M.F.A.No.6664/2022

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BETWEEN:

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K E MALLIKARJUNA G S/O ESHWARAPPA GOWDA AGED ABOUT 37 YEARS AGRICULTURIST R/O AMMANA PUNYAKOTI NILAYA GENASINKUNI VILLAGE AVINAHALLI HOBLI SAGAR TALUK – 577 417 …APPELLANT

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Digitally signed by PRABHU KUMARA NAIKA Location: High Court of Karnataka

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(BY SRI.ASHWATH C.M., ADVOCATE)

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AND:

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SHUBHARANI W/O K E MALLIKARJUNA D/O SOMASHEKHARA GOWDA AGED ABOUT 28 YEARS R/O KAMADOORU ALAVALLI VILLAGE KEREHALLI HOBLI HOSANAGARA TALUK – 577 418 …RESPONDENT

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(BY SRI B N SURESH BABU, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) HINDU MARRIAGE ACT, 1955, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 14.07.2022 PASSED IN

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NC: 2023:KHC:45816-DB MFA No.6664/2022 C/W MFA No.3144/2021

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MC NO.18/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, HOSANAGAR, ALLOWING THE PETITION FILED UNDER SECTION 9 OF HINDU MARRIAGE ACT, 1955.

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M.F.A.NO.3144/2021

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BETWEEN:

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MALLIKARJUNA S/O ESHWARAPPA GOWDA AGED ABOUT 37 YEARS AGRICULTURIST R/O GENASINKUNI VILLAGE SAGAR TALUK SHIVAMOGGA – 577 417 …APPELLANT

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(BY SRI.ASHWATH C.M., ADVOCATE)

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AND:

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SHUBHARANI W/O MALLIKARJUNA D/O SOMASHEKHARA GOWDA AGED ABOUT 26 YEARS R/O KAMADOORU KEREHALLI HOBLI KENCHANALE POST HOSANAGARA TALUK SHIVAMOGGA …RESPONDENT

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(BY SRI B N SURESH BABU, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) HINDU MARRIAGE ACT, 1955, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 06.03.2021 PASSED IN MC NO.52/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, SAGAR, DISMISSING THE PETITION FILED UNDER SECTION 13(1) I(A) AND I(B) OF HINDU MARRIAGE ACT, 1955.

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THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ADMISSION THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:

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NC: 2023:KHC:45816-DB MFA No.6664/2022 C/W MFA No.3144/2021

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JUDGMENT

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

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Both parties have filed application under Section 13B of the Hindu Marriage Act,1955 read with Order XXIII Rule 3 of CPC. Both parties admitted the voluntary execution of the petition and terms of the same.

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Heard both side.

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In both the appeals the appellant is the husband and respondent is the wife. Respondent filed M.C.No.97/2019 renumbered as M.C.No.18/2019 before the Senior Civil Judge and JMFC, Hosanagara, against the appellant seeking restitution of conjugal rights. The appellant filed M.C.No.52/2017 before the Additional Senior Civil Judge and JMFC, Sagar against the respondent for dissolution of marriage, on the ground of cruelty and desertion. Petition of the wife for restitution came to be allowed and the husband’s petition for dissolution of marriage was rejected. Challenging the said order, the above appeals are filed by the husband.

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4 - NC: 2023:KHC:45816-DB MFA No.6664/2022 C/W MFA No.3144/2021

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The marriage of the parties was solemnized on 25.02.2016 as per the Hindu rites. The parties are governed by Hindu Marriage Act, 1955 (‘the Act’ for short). Now they have filed the above petition under Section 13B of the Act read with Order XXIII Rule 3 of CPC seeking dissolution of marriage

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by mutual consent. On enquiring both the parties and examining the records, it is found that the parties are living separately since 2016 and all efforts of the elders and Mediation Centre in the trial Court to unite the parties have failed. The father of the respondent is also present, he expresses the same thing.

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Respondent admits that she has agreed to give up her claim of alimony against the appellant on receiving Rs.5,00,000/-. She admits the receipts of Rs.5,00,000/- under demand draft No.816708 dated 14.12.2023 drawn on Karnataka Gramin Bank, Avanahalli Branch.

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On hearing the parties, satisfied that there is no chance of reunion of the parties. The parties are living separately for more than seven years. Requirement of Section 13B and 14 of the Act that the petition shall be presented only

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5 - NC: 2023:KHC:45816-DB MFA No.6664/2022 C/W MFA No.3144/2021

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after expiry of period of one year from the date of marriage is complied. So far as the other requirement that the matter shall not be taken up for hearing before six months of the presentation of the petition, it can be relaxed as the parties are fighting this litigation since 2016.

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Satisfied that the parties have entered into settlement voluntarily without any inducement or pressure and on understanding the implications of their acts. Therefore, it is a fit case to record the settlement entered into between the parties and pass decree for dissolution of marriage. Hence, the following:

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ORDER

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Appeals are allowed.

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(i) The impugned judgment and decree in M.C No.18/2019 passed by the Senior Civil Judge and JMFC, Hosanagara and in M.C.No.52/2017 passed by the Additional Senior Civil Judge and JMFC, Sagara are hereby set aside.

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(ii) Petition in M.C.No.18/2019 is dismissed.

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(iii) Petition under Section 13B of the Act read with

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Order XXIII Rule 3 of CPC is hereby allowed.

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6 - NC: 2023:KHC:45816-DB MFA No.6664/2022 C/W MFA No.3144/2021

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(iv) The judgment in M.C.No.52/2017 is modified in terms of compromise petition.

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(v) The marriage of the appellant and respondent solemnized on 25.02.2016 at Kamaduru village is hereby dissolved.

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(vi) Respondent has given up her rights of interim alimony by receiving Rs.5,00,000/- in full settlement of her claim.

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(vii) Both parties have withdrawn the allegations made against each other and they have given up the rights arising out of their aforesaid marriage against each other.

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Draw decree accordingly.

Sd/JUDGE

Sd/JUDGE

PKN

List No.: 1 Sl No.: 28

K E Mallikarjuna G v. Shubharani

Case brief

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K E Mallikarjuna G v. Shubharani

Case brief

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