IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32142 OF 2019 (GM-FC) BETWEEN:
1. DR. SHWETHA Y.B., W/O PRAMODH, AGED ABOUT 37 YEARS, PRESENTLY RESIDING AT FLAT NO MC 1302, PARK WEST APARTMENT, BINNY PET, BENGALURU - 72 2. DR. PRAMODH, S/O KANTHA RAO, AGED ABOUT 42 YEARS, RESIDING AT NO 09, SNEHALOKA, 4TH CROSS, HOSAHALLI, VIJAYANAGARA, BENGALURU - 40 … PETITIONERS (BY SMT. S.SUSHEELA, SENIOR COUNSEL FOR SRI. ROHITH GOWDA, ADVOCATE) AND:
NIL … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INIDA PRAYING TO QUASH THE ORDER DTD:13.6.2019 PASSED BY THE VTH ADDITIONAL FAMILY COURT JUDGE BENGALURU MADE IN M.C.NO.2068/2019 VIDE ANNEXURE-A AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
petitioners.
Smt.S.Susheela, learned senior counsel for the petitioners along with the parties present in person.
Heard.
2. In this petition which is filed under Article 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 13.06.2019 passed by the Family Court by which the Family Court has refused to waive of the waiting period for passing decree under Section 13(B) of the Hindu Marriage Act.
3. In compliance of the order passed by this Court, both the parties are present.
4. It is pertinent to note that both the parties are doctors and are well qualified. They were married on 18.11.2004 and are living separately for about one and half years. When enquiry was put to the parties, in clear terms that all the disputes between them have been settled under an agreement arrived at between them and it is not possible for them to live together. In other words, it was stated that the marriage has been irretrievably broken down.
5. In view of the aforesaid submission made by learned counsel for the parties, the impugned order dated 13.06.2019 is hereby quashed and the Family Court is directed to pass the decree directing dissolution of marriage under Section 13(B) of the Act forthwith.
Accordingly, petition is disposed of.
Sd/- JUDGE GH