Allowed

Sri K Lakshminarayana v. Smt K J Bhavya

Karnataka HC8 Dec 2023MFA/7133/2022

Case brief

AI extract

What is this about?

This appeal challenged the dismissal of an earlier cruelty petition. The Court allowed the mutual consent petition under Section 13B, waiving the statutory waiting period due to a decade-long separation, dissolved the marriage, and awarded custody to the respondent.

What did the court decide?

The impugned order was set aside; the mutual consent petition was allowed; the marriage was dissolved; custody granted to the respondent.

Sri K Lakshminarayana Vs Smt K J Bhavya — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:44566-DB MFA No. 7133/2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^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.7133/2022 (MC)

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BETWEEN:

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

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SRI K. LAKSHMINARAYANA POLICE SUB INSPECTOR S/O D KEMPAIAH AGED ABOUT 43 YEARS WORKING AT SAKLESHPURA RURAL POLICE STATION SAKLESHPURA TOWN SAKLESHPURA TALUK HASSAN DISTRICT PRESENTLY R/AT NO.513 ANCHEPALYA, SRIKANTAPURA PALEKAMMA TEMPLE ROAD NAGASANDRA POST BANGALORE – 560 073 …APPELLANT

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(BY SRI.C.H.JADHAV, SENIOR COUNSEL FOR SMT.RASHMI JADHAV, ADVOCATE)

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AND:

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SMT K J BHAVYA W/O K LAKSHMINARAYANA D/O K B JAGADISH AGED ABOUT 35 YEARS R/AT KAMBAIAHNAPALYA VILLAGE KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL – 562 123 …RESPONDENT (BY SRI.GOPI G.A., ADVOCATE)

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2 - NC: 2023:KHC:44566-DB MFA No. 7133/2022

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 13.09.2022 PASSED IN MC NO.18/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, DISMISSING THE PETITION FILED U/S.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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JUDGMENT

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Appellant, respondent and their Counsel 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 (‘the Act’ for short) seeking dissolution of Marriage by mutual consent along with their affidavits.

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Heard the parties on application. Both of them admit that they have voluntarily agreed for dissolution of marriage by mutual consent and the terms stated in the affidavit.

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Heard both Counsel in the matter.

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This appeal arises out of order of dismissal of the petition of the appellant for decree for dissolution of their marriage under Section 13(1)(ia) of the Act. The marriage of the appellant and respondent was solemnized on 10.03.2010.

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3 - NC: 2023:KHC:44566-DB MFA No. 7133/2022

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Out of the said wedlock, the couple were blessed with a daughter by name Yogitha.L on 13.12.2012. The parties are living separately since 15.08.2012 due to differences between them.

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On issuing notice dated 18.08.2012 to the respondent, appellant filed MC No.28/2012 against the respondent for restitution of conjugal rights. That was withdrawn on 05.02.2013 on the respondent expressing her willingness to join the appellant. Again, they could not reconcile. Therefore, the appellant filed MC No.93/2013 against the respondent seeking decree for dissolution on the ground of cruelty. The trial Court by the impugned judgment and decree dismissed the same on 30.01.2016. Now the parties under the above referred the application are seeking dissolution of their marriage by mutual consent.

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Both the parties are well qualified, the appellant is police sub inspector and respondent is an advocate. They are able to understand the implication of their acts. By the aforesaid agreement, the respondent has consented for dissolution of the marriage on receiving Rs.40,00,000/- as permanent alimony under the below mentioned demand drafts:

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NC: 2023:KHC:44566-DB MFA No. 7133/2022

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Sl. No.	Demand Draft No.	Date	Amount in Rs.	Drawn on
1.	399403	31.10.2023	15,00,000/-	SBI, R.M.Vilas Extn. Bangalore.
2.	181358	31.10.2023	15,00,000/-	Karnataka Bank Ltd., City Civil Court, Bangalore.
3.	451163	31.10.2023	10,00,000/-	Canara Bank, Chikkabidarakallu Branch,Bangalore.

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That is also evident from the copies of the memo and order sheet of Crl.Misc.No.159/2023 dated 07.11.2023 produced by the parties. Those records further show that on receipt of such amount, the respondent has withdrawn the petition filed by her under Section 125 Cr.PC. As the parties are living separately for more than 10 years, the requirement of Section 13B that the petition shall be preceded by one year separation of the parties is satisfied.

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Having regard to the aforesaid facts and that parties are living separately for such a long time, there is no chance of reunion due to the difference between the parties. The respondent has given up all her rights against the appellant receiving Rs.40,00,000/as permanent alimony in full settlement of her claim. Waiting period of six months is waived of. Satisfied that, it is a fit case to grant decree for dissolution of marriage by mutual consent. Hence the following:

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5 - NC: 2023:KHC:44566-DB MFA No. 7133/2022

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ORDER

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The appeal is allowed.

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(i) The impugned judgment and order of the trial Court dismissing the petition in MC No.18/2016 is hereby set aside.

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(ii) Petition under Section 13B of the Act filed by the parties is allowed.

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(iii) The marriage of the appellant and respondent solemnized on 10.03.2010 in Sri Gopi Venkateshwara Kalyana Mantapa, Nelamangala is hereby dissolved.

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(iv) Respondent shall have the custody of Yogitha.L, the

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daughter of the couple and the appellant has the right of visitation of the child and he shall bear the educational expenses of the said daughter.

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(v) The allegations made by the parties against each other are withdran.

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Draw decree accordingly.

Sd/JUDGE

Sd/JUDGE

PKN

List No.: 1 Sl No.: 7

Sri K Lakshminarayana v. Smt K J Bhavya

Case brief

What is this about?

What did the court decide?

Sri K Lakshminarayana v. Smt K J Bhavya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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