IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON'BLE MS. JUSTICE JYOTI MULIMANI M.F.A. NO.5222 OF 2018 (FC) C/W M.F.A.NO.3894 OF 2018 (FC) IN M.F.A. NO.5222 OF 2018:
BETWEEN:
DR S PRASHANT, S/O B SREEKANTAIAH M B B S., MD., DM., AGED ABOUT 36 YEARS, RESIDENT OF NO.281, MAHADESHWARA NILAYA, 2ND CROSS, BANDIGOUDA LAYOUT MANDYA, PRESENTLY RESIDING AT PRIYADARSHINI NILAYA, 3RD CROSS, BANDIGOWDA LAYOUT, MANDYA. ...APPELLANT (BY SMT.PUSHPALATHA G, ADVOCATE FOR M/S HOLLA AND HOLLA) AND:
SMT. PUSHPA K R, AGED ABOUT 34 YEARS, D/O RANGASWAMY, RESIDENT OF NO.52, 2ND MAIN,4TH STAGE, 4TH B BLOCK, BASAVESHWAR NAGAR, BENGALURU-560079. …RESPONDENT (BY SRI K.N.PUTTEGOWDA, ADVOCATE) **** THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, 1984 AGAINST THE JUDGMENT DATED 28.03.2018 PASSED IN MC.NO.3678/2013 ON THE FILE OF THE PRL. JUDGE, FAMILY COURT BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955.
IN M.F.A.NO.3894 OF 2018: BETWEEN:
DR S PRASHANT, S/O B SREEKANTAIAH M B B S., MD., DM., AGED ABOUT 36 YEARS, RESIDENT OF NO.281, MAHADESHWARA NILAYA, 2ND CROSS, BANDIGOUDA LAYOUT MANDYA, PRESENTLY RESIDING AT PRIYADARSHINI NILAYA, 3RD CROSS, BANDIGOWDA LAYOUT MANDYA. ...APPELLANT (BY SMT.PUSHPALATHA G, ADVOCATE FOR M/S HOLLA AND HOLLA) AND:
SMT. PUSHPA K R, AGED ABOUT 34 YEARS, D/O RANGASWAMY, RESIDENT OF NO.52, 2ND MAIN,4TH STAGE, 4TH B BLOCK, BASAVESHWAR NAGAR, BENGALURU-560079. …RESPONDENT (BY SRI K.N.PUTTEGOWDA, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED: 28.03.2018, PASSED IN MC NO.1089/2013 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13 OF THE HINDU MARRIAGE ACT, 1955.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
JUDGMENT These appeals are listed for considering interim applications, namely, I.As.1/2019, 2/2019 and 3/2019. However, learned counsel for the respective parties submit that during the pendency of these appeals the parties have negotiated a settlement and they have decided to file a petition under Section 13(B)(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act for the sake of brevity) and an application under Section 13(B)(2) of the Act and pray the appeals may be disposed of in terms of the said provision.
2. M.F.A. No.5222/2018 is filed by the husband being aggrieved by the dismissal of his petition M.C. No.3678/2013 filed by him under Section 13 of the Act seeking dissolution of marriage by a decree of divorce while M.C. No.1089/2013 was filed by the respondent – wife seeking the relief of restitution of conjugal rights. The said cases were clubbed together and by a judgment and decree dated 28.03.2018 passed by the Principal Judge, Family Court at Bengaluru, the petition filed by the wife under Section 9 of the Act has been allowed, while the petition filed by the husband under Section 13 of the Act has been dismissed. Being aggrieved the husband has preferred these appeals.
3. As already noted, during the pendency of these appeals the parties have negotiated to settle their disputes and they have decided to seek dissolution of their marriage by a decree of divorce by mutual consent and therefore learned counsel for the respective parties jointly submitted that these appeals may be disposed of in terms of the petition and applications filed by them.
4. Learned counsel for the respective parties submitted that the terms of settlement are detailed in the petition. That the appellant/husband has agreed to pay the respondent/wife a sum of Rs.1,25,00,000/- (Rupees One Crore Twenty five Lakh only) towards permanent alimony in terms of six Demand Drafts and the wife has agreed to accept the same in full and final settlement of her claims against the appellant/husband.
5. The learned counsel for the respective parties further submit that there are other terms of the settlement with regard to closure of other cases and the parties would cooperate with each other for the closure of the said cases. They further submitted that the parties have also filed an application under Section 13(B)(2) of the Act and the said application may be allowed by placing reliance on the recent dictum of the Hon’ble Supreme Court in the case of Amar Deep Singh vs. Harveen Kaur (2017) 8 SCC 746.
6. The parties are present before this Court.
When queried by this Court they stated that they have indeed agreed to settle the interse disputes and that they have filed a joint petition under Section 13(B)(1) of the Act. The respondent wife stated that she has agreed for the dissolution of the marriage by a decree of divorce by mutual consent and so also the appellant husband on the same terms. They further stated that they have arrived at a settlement of disputes on their own free volition without there being any coercion or undue influence from any side.
7. The petition filed under Section 13(B)(1) is taken on record. It is noted that it is signed by the respective parties and their counsel and it is supported by a joint affidavit. The application filed under Section 13(B)(2) is taken on record. The same is also supported by a joint verifying affidavit.
8. It is noted that the parties were married on 12.02.2012 at Sri Krishnapriya Convention Hall, Kengeri, Bengaluru. They have no children and they have been living separately since 17.06.2012, for a little over seven years. The parties have stated that in view of there being any compatibility between them and there being no possibility of any reconciliation and since they have been separately residing for the last over seven years, the petition filed by them under Section 13(B)(1) may be ordered by waiving the six month stipulation under Section 13(B)(2) of the Act. Owing to the aforesaid reasons we find that the parties are justified in seeking waiver of the six month period stipulated under Section 13(B)(2) of the Act. Hence the said application is allowed by placing reliance on the aforesaid judgment of the Hon’ble Supreme Court.
9. Learned counsel for the appellant submits that six Demand Drafts as detailed in the petition filed under Section 13(B)(1) of the Act for a total sum of Rs.1,25,00,000/- (Rupees One Crore Twenty five lakh only) are being handed over on behalf of the appellant to learned counsel for the respondent who has in turn handed it over to the respondent who has acknowledged receipt of the same.
10. Learned counsel for the respective parties also submit that the Demand Drafts bear the name of the respondent Smt. Pushpa K R “as Pushpalatha K R”
and that the said Demand Drafts have been paid to the respondent herein and as the name of the respondent in the bank account is shown “as Smt. Pushpalatha K R” so as to avoid any further complication. The Demand Drafts are hence in the name of Smt. Pushpalatha K R. Said submission of learned counsel is placed on record.
11. The contents of the petition filed under Section 13(B)(1) read as under :
“ The petitioners above named submit as follows:
1. The marriage between the petitioners was solemnized on 12.02.2012 at Krishnapriya Convention Hall, Kengeri at Bengaluru as per Hindu Rites and Rituals.
2. The petitioners due to incompatibility have not been able to live together. They have been living separately after few days of marriage in 2012 itself. There is no possibility of them living as husband and wife now or in future, as their differences cannot reconciled. There are no children born out of this marriage. The efforts to reconcile their differences have failed, therefore parties at the instance of well wishers and friends have decided to seek dissolution of their marriage by mutually acceptable terms.
3. It is hereby submitted that they have been living separately for the last 7 years.
4. Both the petitioners have given their consent for filing this proceedings for dissolution of marriage on mutually acceptable terms without any duress, force, fraud, coercion or undue influence of any nature whatsoever.
5. The petitioner/applicant No.1, husband has agreed to pay to the petitioner/applicant No.2, wife permanent alimony of Rs.1,25,00,000/- (Rs. One Crores Twenty Five Lakhs). The amount of Rs.1,25,00,000/- (Rs. One Crores Twenty Five Lakhs) is being paid by petitioner/applicant No.1 to the petitioner/applicant No.2, wife by way of the following demand drafts:
i. D.D. Drawn on H.D.F.C. Bank Mandya No.002472 dated 31.10.2019 for Rs.71,00,000/- (Seventy one lakhs).
ii. D.D. Drawn on H.D.F.C. Bank Mandya No.002474 dated 02.11.2019 for Rs.5,00,000/- (Five lakhs).
iii. D.D. Drawn on State Bank of India, Mandya No.851590 dated 31.10.2019 for Rs.24,00,000/- (Twenty four lakhs).
iv. D.D. Drawn on Allahabad Bank, Mandya No.381219 dated 31.10.2019 for Rs.8,00,000/- (Eight lakhs).
v. D.D. Drawn on Allahabad Bank, Mandya D.D. No.381220 dated 31.10.2019 for Rs.9,00,000/- (Nine lakhs).
vi. D.D. Drawn on Allahabad Bank, Mandya D.D. No.381221 dated 31.10.2019 for Rs.8,00,000/- (Eight lakhs). (Copies of Demand Drafts are enclosed) 6. The petitioner No.1/applicant No.1 husband agreed to take appropriate steps in accordance with law for closure of the following cases filed by him against petitioner No.2/applicant No.2 wife and her relatives.
i. Criminal Case No.959/2013 which was pending on the file of the Addl. Civil Judge and JMFC, Mandya, now transferred to Vth Additional CMM, Bangalore, in Criminal Petition numbered as 7729 of 2013 vide order dated 12.09.2019.
ii. Criminal petition numbered as 1184 of 2016 pending before this court.
7. Petitioner/applicant No.2 wife hereby agrees to take appropriate steps in accordance with law for closure of the cases filed by her against petitioner No.1/applicant No.1, husband and his relatives.
i. M.C. Case No.1089/2013 on the file of the Principal Judge, Family Court, Bengaluru, filed under Sec.9 of the Hindu Marriages Act for restitution of conjugal rights;
ii. C.C. No.8580/2013 filed under section 498A, 506 r/w 34 of I.P.C. and under section 3, 4 and 6 of Dowry Prohibition Act, 1961 pending before the 5th Additional Chief Metropolitan Magistrate, Bangalore City, Bangalore.
iii. CC No.14878/2013 filed under section 143, 323, 341, 354, 448, 506 r/w 149 of I.P.C.
iv. C.C. No.14878 of 2013 pending before the 5th Additional Chief Metropolitan Magistrate, Bangalore City.
8. It is submitted that petitioner/applicants 1 and 2 does not have any claim against the each other except as stated in this petition. The parties also undertake that they have not initiated any proceedings other than what is stated above and they also undertake that they shall not initiate any further proceedings against each other in future.
9. The parties also hereby withdraw all the allegations made against each other in M.C. No.1089 of 2013 and M.C. 3678 of 2013.
PRAYER It is therefore respectfully prayed that this Hon’ble Court may be pleased to a. Dissolve the Marriage dated 12.02.2012 solemnized between the Petitioners/Applicants 1 and 2 by granting judgment and decree of Divorce by Mutual Consent under section 13-B (1) of the Hindu Marriage Act, 1955.
b. Grant such other reliefs as this Hon’ble Court may deem fit under the circumstances of the above case, in the interest of justice and equity.
Sd/- Sd/-
Advocate for Petitioner No.1 Petitioner No.1 Sd/- Sd/-
Advocate for Petitioner No.2 Petitioner No.2 VERIFICATION WE, Dr. S Prashant, the petitioner No.1/applicant 1 herein and Pushpa, K R alias Pushpalatha K R, Petitioner No.2 / applicants 2 do hereby declare that what is stated in Para 1 to 9 is true and correct to the best of our knowledge, information and belief.
Sd/- Sd/-
(Dr. S Prashanth) (Pushpa K R alias Petitioner 1 Pushpalatha K R) Petitioner 2 Place : Bangalore, Date: 16.12.2019 12. On perusal of the same we find that the terms of settlement arrived at between the parties are lawful and we do not find any legal impediment in accepting the same.
13. In the circumstances, the common judgment and decree dated 28.03.2018 passed in MC No.1089/2013 and MC No.3678/2013 is set aside and substituted by allowing the petition filed by the parties under Section 13(B)(1) of the Act. The marriage between the parties solemnized on 12.2.2012 at Sri Krishnapriya Convention Hall, Kengeri, Bengaluru, is dissolved by a decree of divorce by mutual consent and in terms of the aforesaid settlement arrived at between the parties.
14. It is observed that the payment of permanent alimony of Rs.1,25,00,000/- (Rupees One Crore Twenty five lakh only) in the name of Smt. Pushpalatha K R is indeed to the respondent herein who is shown as Smt. Pushpa K R in the judgment of the Court below as well as in the cause title of the memorandum of appeal in these appeals.
15. The parties further state that they would abide by the terms and conditions of the settlement.
16. It is further observed that pending quashing of the criminal complaint filed by the respondent against the appellant herein and vice-versa the parties shall not take any coercive or precipitative action.
17. The registry to draw up a decree in the aforesaid terms under Section 13(B)(1) of the Act.
Sd/- JUDGE Sd/- JUDGE ykl