Allowed

Smt Deepika a v. Sri G Sendil

Karnataka HC7 Dec 2023MFA/8042/2022

Case brief

AI extract

What is this about?

The High Court allowed a first appeal against a mutual consent divorce decree. Despite the parties previously litigating cruelty, the court accepted their subsequent joint petition under Section 13B of the Hindu Marriage Act, setting aside the impugned decree and granting dissolution of marriage.

What did the court decide?

Appeal allowed. Impugned decree set aside. Petition under Section 13B allowed. Marriage dissolved. Custody and alimony terms granted.

Smt Deepika a Vs Sri G Sendil — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:44385-DB MFA No. 8042 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF DECEMBER, 2023

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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

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MISCELLANEOUS FIRST APPEAL No. 8042/2022 (FC)

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BETWEEN:

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SMT. DEEPIKA A., AGED ABOUT 33 YEARS, W/O SRI G. SENDIL, R/AT No.54, I CROSS, R. R. LAYOUT, VIJINAPURA, BENGALURU-560016.

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…APPELLANT

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(BY SMT. VAISHNAVI P., ADVOCATE FOR SRI C. PATTABI RAMAN, 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 G. SENDIL, AGED ABOUT 35 YEARS, S/O SRI R. GUNASHEKHARAN, R/AT NO.26, I FLOOR, 2^ND MAIN ROAD, 2^ND CROSS, SRI GURU RAGHAVENDRA NAGAR, J. P. NAGAR, 7^TH PHASE, BENGALURU-560078.

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…RESPONDENT

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(BY SRI MUJTABA H., ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 26.08.2022 PASSED IN MC NO.688/2017 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,

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NC: 2023:KHC:44385-DB MFA No. 8042 of 2022

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BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955.

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

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J U D G M E N T

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The appellant, her father - Aravindan Banu, respondent

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and the counsel of both the parties are present before the Court. The parties are duly identified by their respective counsels.

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The parties submit petition under Order XXIII Rule 3 of CPC read with Section 13B of the Hindu Marriage Act, 1955(hereinafter referred to as 'the Act' for short). The parties are governed by the Hindu Marriage Act, 1955.

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Heard both parties on the compromise petition.

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Parties admit the voluntary execution of the

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compromise petition and the terms of the same.

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Sri. Aravindan Banu - father of the appellant and

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the respondent admit that the respondent has repaid the loan of Rs.3 lakhs to Sri. Aravindan Banu and the documents have

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3 - NC: 2023:KHC:44385-DB MFA No. 8042 of 2022

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been returned as stated in the compromise petition. The compromise is found admissible under law.

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Challenging the judgment and decree in M.C. No.688/2017 passed by the VI Additional Principal Judge, Family Court, Bengaluru granting decree for dissolution of marriage, the appellant has preferred this appeal.

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7. Some admitted facts are as follows:

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The marriage of the appellant and respondent was solemnized on 15.09.2014. The couple are blessed with a son on 24.06.2015. The said son is in the custody of the appellant.

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There were some differences between the couple therefore, they are residing separately since September - 2016. Respondent filed M.C. No.688/2017 against the appellant before the VI Additional Principal Judge, Family Court, Bengaluru seeking decree for dissolution of marriage on the ground of cruelty. The trial Court by an adjudicatory finding has allowed the petition and granted decree for dissolution of marriage.

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Pending this appeal, the parties have entered into a settlement. Accordingly they have submitted the memorandum

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NC: 2023:KHC:44385-DB MFA No. 8042 of 2022

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of compromise as aforesaid. The parties have settled the matter according to the terms stated in the said compromise petition and seek dissolution of marriage by mutual consent.

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On hearing the parties, the Court is satisfied that

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the parties have reached a point of no return and the marriage is emotionally and practically dead for them. The requirements of Section 13B of the Act that the petition shall be submitted after six months of the marriage, which shall be preceded by one year separation of the parties, are satisfied. Under the circumstances, satisfied that the compromise is admissible under law.

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10. The appellant admits the receipt of Rs.15 lakhs by

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way of Demand Drafts as stated below:

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No.	Particulars	Amount in Rs.
1.	DD No.058092 dt. 26.10.2023	Rs.7,50,000/-
2.	DD No.002129 dt. 27.10.2023	Rs.5,00,000/-
3.	DD No.032249 dt.26.10.2023	Rs.1,50,000/-
4.	DD No.058099 dt. 30.10.2023	Rs.50,000/-
5.	DD No.016257 dt.27.10.2023	Rs.30,000/-
6.	DD No.032251 dt. 27.10.2023	Rs.20,000/-
	TOTAL	Rs. 15,00,000/-

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The parties have agreed that their son - Prathyush shall be in the custody of the appellant. The respondent has

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NC: 2023:KHC:44385-DB MFA No. 8042 of 2022

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given up his right of visitation of the child. Appellant, her father and the respondent also admit that the financial transaction between them is settled as stated in the compromise petition. The parties have admitted that they have withdrawn the allegations made against each other and not to pursue any civil or criminal remedies arising out of their matrimonial relationship.

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Considering the aforesaid facts and circumstances,

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the appeal deserves to be allowed in terms of the compromise petition. Hence, the following:

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O R D E R

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Appeal is allowed .

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(i) The impugned judgment and decree for dissolution of marriage on the ground of cruelty is hereby set aside.

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(ii) The petition of the parties under Section 13B of the Act is allowed.

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(iii) The marriage of appellant and the respondent solemnized on 15.09.2014 at Shivaparvathi Kalyana Mantapa, Chikkabanaswadi, Bengaluru is hereby dissolved.

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NC: 2023:KHC:44385-DB MFA No. 8042 of 2022

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(iv) Appellant is declared as exclusive guardian of their son - Prathyush, aged 8 years, till he attains majority. The respondent has given up his right of visitation of child.

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(v) Appellant on receiving Rs.15 lakhs in full settlement of her claim, has given up her right of alimony.

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(vi) The claim between the respondent and the father of the appellant for Rs.3 lakhs is also settled.

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Draw decree accordingly.

Sd/JUDGE

Sd/JUDGE

VBS

List No.: 2 Sl No.: 5

Smt Deepika a v. Sri G Sendil

Case brief

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Smt Deepika a v. Sri G Sendil

Case brief

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