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Sri Prakash S B v. Smt Vijayalakshmi

Karnataka HC9 Jan 2025MFA/1758/2024

Case brief

AI extract

What is this about?

Karnataka HC (DB) converts a dismissed cruelty-based divorce petition into mutual-consent dissolution via Memorandum of Settlement during the appeal: separated since December 2018 meets S.13B Hindu Marriage Act one-year separation requirement; respondent received Rs.15,00,000 permanent alimony; mutual allegations withdrawn; respondent to withdraw Crl.Misc.No.221/2023 (Family Court, Davanagere); appeal under S.19(1) Family Courts Act allowed; MC No.287/2022 decreed and 1.4.2016 marriage dissolved. Keywords: Memorandum of Settlement, irretrievable breakdown, mutual consent divorce, Family Court Davanagere, NC: 2025:KHC:801-DB.

What did the court decide?

Appeal allowed; petition in MC No.287/2022 decreed in terms of the Memorandum of Settlement; marriage solemnized on 1.4.2016 dissolved; decree to be drawn in terms of the Memorandum of Settlement.

Sri Prakash S B Vs Smt Vijayalakshmi — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; petition in MC No.287/2022 decreed in terms of the Memorandum of Settlement; marriage solemnized on 1.4.2016 dissolved; decree to be drawn in terms of the Memorandum of Settlement.

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Issue for consideration

Whether the requirement of Section 13B of the Hindu Marriage Act, 1955 that the parties should have been living separately for at least one year prior to presentation of the petition is satisfied, permitting dissolution of the marriage by mutual consent in terms of the Memorandum of Settlement. +1 more

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Court's answer

Since the materials on record show the parties are living separately since December 2018, the requirement of Section 13B of the Act that the parties should be living separately since one year prior to the presentation of the petition is already satisfied.

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Ratio / Principle

The Court found the Memorandum of Settlement lawful and admissible under law, recorded it, allowed the appeal, decreed MC No.287/2022 in terms of the Memorandum of Settlement and dissolved the marriage solemnized on 1.4.2016.

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Detailed headnote1 paragraphs

MFA No. 1758/2024 (FC), High Court of Karnataka at Bengaluru, decided 09.01.2025 (Coram: K.S. Mudagal and C.M. Poonacha JJ.; judgment per K.S. Mudagal J). Appeal under S.19(1) of the Family Courts Act against the judgment and decree dt.01.02.2024 of the Family Court, Davanagere in MC No.287/2022, dismissing the husband's petition for dissolution of marriage under S.13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty. On admission, the parties submitted a Memorandum of Settlement agreeing to dissolve the marriage by mutual consent: they admitted living separately since December 2018 (thereby satisfying the Section 13B requirement of one year's separation prior to presentation of the petition), withdrawal of allegations made against each other, the respondent's receipt of `15,00,000/- as permanent alimony, and her agreement to withdraw Crl.Misc.No.221/2023 pending before the Family Court, Davanagere. Satisfied that the settlement was lawful and admissible under law, the Court allowed the appeal, decreed MC No.287/2022 in terms of the Memorandum of Settlement, dissolved the marriage solemnized on 1.4.2016, and directed that a decree be drawn in terms of the Memorandum of Settlement.

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NC: 2025:KHC:801-DB MFA No. 1758/2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JANUARY, 2025

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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 C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 1758/2024 (FC)

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BETWEEN:

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SRI PRAKASH S B AGED ABOUT 36 YEARS S/O MR. BASAVARAJ S.C R/O SHRUSHTI BUILDING NEAR PETROL BUNK HOLALKERE ROAD CHITRADURGA

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…APPELLANT

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(BY SRI. MAHESH L, 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 VIJAYALAKSHMI AGED ABOUT 34 YEARS W/O PRAKASH S B R/AT 5TH CROSS NAGANUR ROAD, SHAMANURU DAVANAGERE

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…RESPONDENT

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(BY SRI. CHETAN DESAI, ADVOCATE)

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THIS MFA IS FILED U/S.19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DT.01.02.2024 PASSED IN MC NO.287/2022 ON THE FILE OF THE JUDGE, FAMILY COURT, DAVANAGERE, DISMISSING THE PETITION FILED U/S.13(1)(i-a) OF HINDU MARRIAGE ACT AND ETC.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:801-DB MFA No. 1758/2024

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CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Both the parties and their counsel are present. The parties are duly identified by their respective counsel.

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The parties submit Memorandum of Settlement.

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Heard the parties on the Memorandum of

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Settlement.

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The appellant and respondent admit voluntary execution of the Memorandum of Settlement and the terms of the same.

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The marriage of the appellant and respondent was solemnized on 1.4.2016 as per the Hindu rites and customs. The appellant filed MC No.287/2022 before the Family Court, Davanagere, against the respondent seeking decree of Dissolution of Marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short the ‘Act’) on the ground of cruelty. The Family Court, by the impugned judgment and decree has dismissed the said petition.

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NC: 2025:KHC:801-DB MFA No. 1758/2024

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The parties admit that they are living separately since December, 2018 and all the efforts of conciliation for reunion have failed. The parties submit that their marriage has been irretrievably broken and therefore, they have agreed for dissolution of their marriage by mutual consent.

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Respondent admits that she has agreed to receive `15,00,000/- as permanent alimony. She admits that the same is paid to her as stated in para 4 of the Memorandum of Settlement.

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Both the parties submit that they have withdrawn the allegations made against each other. The respondent admits that she has agreed to withdraw Crl.Misc.No.221/2023 filed by her before the Family Court, Davanagere.

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The materials on record show that the parties are living separately since December, 2018. Therefore, the requirement of Section 13B of the Act that the parties should be living separately since one year prior to the presentation of the petition is already satisfied. Satisfied that the Memorandum of Settlement is lawful and admissible under law. Therefore, recording the same, Court passes the following:

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NC: 2025:KHC:801-DB MFA No. 1758/2024

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ORDER

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i) The appeal is allowed;

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ii) The petition in MC No.287/2022 on the file of the Family Court, Davanagere, is decreed in terms of the Memorandum of Settlement;

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iii) The marriage of the appellant/petitioner and respondent solemnized on 1.4.2016 at Shamanuru Jayadevappa Parvathamma Samudaya Bhavana, Davanagere, is hereby dissolved;

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iv) Draw decree in terms of Memorandum of Settlement.

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Sd/(K.S.MUDAGAL) JUDGE

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Sd/(C.M. POONACHA) JUDGE

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List No.: 1 Sl No.: 30

Sri Prakash S B v. Smt Vijayalakshmi

Case brief

What is this about?

What did the court decide?

Sri Prakash S B v. Smt Vijayalakshmi

Case brief

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What the court decided

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