Allowed

Sri. K. C. Poornesh v. Smt. M. M. Bindu

Karnataka HC20 Dec 2023MFA/7710/2022

Case brief

AI extract

What is this about?

The High Court allowed the first appeal against a decree granting divorce by mutual consent with permanent alimony. The Court set aside the trial court's decree, awarded mutual consent divorce under Section 13B, waived the six-month cooling period, and decreed withdrawal of mutual allegations.

What did the court decide?

Impugned decree set aside; mutual consent divorce allowed; alimony quashed; cooling period waived; Rs. 1,00,000 deposit released to appellant.

Sri. K. C. Poornesh Vs Smt. M. M. Bindu — Maintenance and Alimony | Karnataka HC (2023)

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- 1 - NC: 2023:KHC:46557-DB MFA No. 7710/2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^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.7710/2022 (FC)

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BETWEEN:

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SRI K.C.POORNESH S/O LATE CHANDRE GOWDA AGED ABOUT 38 YEARS R/AT GADDEMANE, ANOOR HALLIHITLU VILLAGE CHIKKAMAGALURU TALUK & DISTIRCT 577 101 …APPELLANT

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(BY SRI D.NAGARAJU, 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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SMT. M.M.BINDU W/O K.C. POORNESH D/O LATE MANJUNATH M.R AGED ABOUT 31 YEARS R/AT MUDREMANE VILLAGE JOGANNANAKERE POST MUDIGERE TALUK CHIKKAMAGALURU DISTRICT 577 101 …RESPONDENT

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(BY SRI KETHAN KUMAR, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT READ WITH SECTION 28(1) OF THE HINDU MARRIAGE ACT PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 01.10.2022 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALURU IN M.C.NO.33/2022 ALLOWING THE PETITION FILED UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955.

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2 - NC: 2023:KHC:46557-DB MFA No. 7710/2022

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

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JUDGMENT

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Appellant, respondent and their respective Counsel are present. Both parties are duly identified by their respective Counsel.

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Both parties submit the applications under

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Section 13B and Section 13B(2) of the Hindu Marriage Act, 1955 (for short ‘the Act’) seeking dissolution of marriage by mutual consent. The parties admit voluntary execution of the applications and terms of the same.

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Heard both side and perused the records.

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Satisfied that the parties have voluntarily filed

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joint applications stated above.

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The marriage of the appellant and the respondent was solemnized on 12.04.2019 at Raitha Bhavan, Mudigere. The respondent filed M.C.No.33/2022 before the Principal Judge, Family Court, Chikkamagaluru against the appellant seeking decree for dissolution of marriage on the ground of cruelty and desertion.

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3 - NC: 2023:KHC:46557-DB MFA No. 7710/2022

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The trial Court by the impugned judgment and decree dated 01.10.2022 allowed the petition, granted decree for divorce and awarded permanent alimony to the respondent at the rate of Rs.20,000/- per month till her life time or till she gets remarried whichever is earlier.

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The appellant challenged the said decree in the above appeal.

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As submitted by the parties, pending this appeal, they have entered into settlement as stated in their applications under Section 13B and 13B(2) of the Act. As submitted by the parties and as per the records, both parties are living separately since more than three years. Both have agreed for dissolution of their marriage by mutual consent and withdrew the allegations made against each other. The respondent has agreed to give up her claim for alimony awarded by the trial Court. It is also submitted that on the complaint of the respondent, the appellant is being tried in S.C.No.10/2020 on the file of II Additional Sessions Judge, Chikkamagalur and she cooperates with the appellant for quashing those proceedings. The parties have agreed that the

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4 - NC: 2023:KHC:46557-DB MFA No. 7710/2022

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appellant is entitled to withdraw Rs.1,00,000/- deposited before this Court.

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Satisfied that the parties are residing separately

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for more than three years, there is no chance of reunion and they have reached the point of no return. Since the proceedings are pending for nearly two years cooling period of six months contemplated under Section 13B of the Act is hereby waived, the compromise is recorded.

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Under the aforesaid facts and circumstances, the appeal deserves to be allowed. Hence, the following:

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ORDER

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The appeal is allowed.

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The impugned judgment and decree in M.C.No.33/2022 on the file of the Principal Judge, Family Court, Chikkamagaluru is hereby set aside.

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The applications filed by the appellant and the respondent under Sections 13B and 13B(2) of the Act are hereby allowed.

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The marriage of the appellant and the respondent solemnized on 12.04.2019 at Raitha Bhavana, Mudigere is

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5 - NC: 2023:KHC:46557-DB MFA No. 7710/2022

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hereby dissolved. The allegations made by the parties against

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each other stood withdrawn.

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Registry shall release Rs.1,00,000/- in deposit to the appellant digitally on furnishing required documents.

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In view of disposal of the appeal, pending IAs stood

disposed of.

Sd/JUDGE

Sd/JUDGE

KSR

List No.: 1 Sl No.: 5

Sri. K. C. Poornesh v. Smt. M. M. Bindu

Case brief

What is this about?

What did the court decide?

Sri. K. C. Poornesh v. Smt. M. M. Bindu

Case brief

What is this about?

What did the court decide?

What the court decided

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