IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MR. JUSTICE K. NATARAJAN MISCELLANEOUS FIRST APPEAL No.6905 of 2013 (FC) BETWEEN:
SMT. NETHRAVATHI C., W/O. GURUPRASANNA, D/O. S. CHANDRASHEKAR, AGED ABOUT 31 YEARS, RESIDING AT No.75, 4TH CROSS, RAMARAO LAYOUT, BSK III STAGE, BANGALORE - 85.
(BY SRI N.G. SREEDHAR, ADVOCATE) AND:
SRI. GURUPRASANNA S., S/O. J.N. SATYANARAYANA RAO, AGED ABOUT 36 YEARS, RESIDING AT No.1069/7-1, SRI. LAKSHMINARASIMHA KRUPA, 14TH "B" MAIN ROAD, DR. CHI. NA, MANGALA ROAD, HANUMANTHANAGARA, BANGALORE - 19.
(BY SRI VASANTH V. NAIK, ADVOCATE) ... APPELLANT ... RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, 1984, AGAINST THE JUDGMENT AND DECREE DATED 01.06.2013 PASSED IN M.C No.3392 of 2009 ON THE FILE OF THE 5TH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, ALLOWING THE PETITION FILED UNDER SECTION 12(1)(b) OF HINDU MARRIAGE ACT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY NAGARATHNA J., DELIVERED THE FOLLOWING:
J U D G M E N T This appeal is filed by the wife assailing the judgment and decree dated 01.06.2013 passed in M.C.No.3392/2009 by the V Additional Principal Judge, Family Court, Bengaluru. By the said judgment and decree, the petition filed by the respondent-husband under Section 12(1)(b) of the Hindu Marriage Act, 1955 (for short ‘Act’) has been allowed and the marriage between the appellant and respondent solemnized on 30/08/2009 at Raja Rajeshwari Nagar, Bengaluru, has been annulled by a decree of nullity. Being aggrieved by the same, the wife has preferred this appeal.
2. Learned counsel for the respective parties jointly submit that during the pendency of this appeal, the parties have arrived at an amicable settlement of their disputes and have agreed to dissolve their marriage by mutual consent. That a petition under Section 13 B (1) of the Act has been filed along with a joint memo. Further, an application has been filed under Section 13 B(2) of the Act seeking dispensation or waiver of six months period stipulated therein. That the said application may be allowed and the appeal may be disposed of in terms of the petition filed under Section 13 B(1) of the Act, as the parties have not resided together since 12/10/2009 onwards. Learned counsel for the respective parties also submit that the impugned judgment and decree of the Family Court may be substituted by the judgment and decree to be passed in this appeal under Section 13 B(1) of the Act, which is a decree for divorce by mutual consent.
3. The parties are present before the Court. They have been identified by their respective counsel. When queried, they submit that they have indeed resolved to settle their disputes amicably and that their marriage be dissolved by mutual consent and that the judgment and decree of the Family Court be substituted by a decree for divorce by mutual consent under Section 13 B(1) of the Act.
4. The petition filed under Section 13 B(1) of the Act along with the joint memo and the application filed under Section 13 B(2) of the Act are taken on record. They are signed by the respective parties and their counsel and supported by joint affidavits.
5. On perusal of the same, it is noted that the respondent-husband has no objection for the judgment and decree dated 01/06/2013 passed in M.C.No.3392/2009 being set aside. That the parties have been residing separately for almost ten years. That they are unable to live together and, therefore, they have sought that their marriage should be dissolved by mutual consent. The parties submit that they have arrived at a settlement on their own free volition without there being any undue influence or coercion from any side.
6. Further, an application has been filed under Section 13 B(2) of the Act stating that since the parties are residing separately for nearly ten years and there is no chance of them residing together on reconciliation of their differences, that the period of six months stipulated under Section 13 B(2) of the Act be dispensed with. A joint affidavit has been filed in that regard.
7. Having heard learned counsel for the respective parties as well as the parties and on perusal of the application filed under Section 13 B(2) of the Act, we are satisfied that the statutory period of six months stipulated under Section 13 B(2) of the Act could be dispensed with in the instant case having regard to the latest dictum of the Hon’ble Supreme Court in the case of Amardeep Singh vs. Harveen Kaur reported in (2017) 8 SCC 746. Hence, the application filed under Section 13 B(2) of the Act is allowed.
8. The petition filed under Section 13 B of the Act reads as under:
“ PETITION U/S 13B OF THE HINDU MARRIGE ACT, 1955 The Appellant/Wife and the Respondent / Husband in the above case humbly submit as follows:
1. The marriage between the Petitioner / Wife and the respondent / Husband herein was solemnized on 31-08-2009 according to Hindu Rites and Customs at Vasavi Mahal, RR Nagar, Bangalore.
2. The respondent/husband has conceded, in clear and unequivocal terms, that the Appellant/Wife is not suffering from any Psychotic reactions as has been alleged by him before the Hon’ble Court below, and therefore has no objection, whatsoever for setting aside the impugned Judgment and Decree dated 01/06/2013 in M.C.No.3392/2009 passed by the Learned V. Addl. Principal Family Judge, Bangalore City, at the hands of this Hon’ble Court.
3. Further, the parties herein mutually agree that there is no cohabitation in between them for the past 10(TEN) Years and that the marriage between them has irretrievably broken without any chance for its revival. Hence they with mutual consent pray that this Hon’ble Court may be pleased to pass suitable orders for dissolving the marriage dated 31-08-2009 solemnized between them as per Hindu Rites and Customs by treating this Joint Petition as the one filed under section 13B of Hindu Marriage Act, 1955.
4. The petitioner and the respondent are living separately since 12/10/2009 and that they have no mutual claims, demands, whatsoever of any nature against one another.
5. The parties mutually covenants that there is no fraud, coercion, threat, undue influence, fraud, flattery or any other kind of unworthy motive to enter into this Joint Petition as they have voluntarily with free consent, have executed this Joint Memo.
WHEREFORE the appellant/Wife and the respondent / Husband humbly pray that this Hon’ble court may be pleased to allow this petition so as to dissolve the marriage dated 31-08-2009 solemnized between them as per Hindu Rites and Customs by granting decree of Divorce by mutual consent.
Sd/- Sd/-
Advocate for Appellant Appellant Sd/- Sd/-
Advocate for Respondent Respondent.”
9. As noted already, it is supported by the joint affidavit. The respondent in clear and unequivocal terms has withdrawn his allegation against the appellant herein that she is suffering from psychotic reactions and that he has no objection whatsoever for setting aside the impugned judgment and decree dated 01/06/2013 passed by the Family Court in M.C.No.3392/2009. They have also stated that the marriage between the parties has been irretrievably broken without any chance of revival or reconciliation. It is also noted that the parties have no claims or demands whatsoever against each other.
10. We are satisfied with the contents of the petition and the submissions made by learned counsel for the parties as also the statements made by the parties before the Court.
11. In the circumstances, the petition filed by the parties under Section 13 B(1) of the Act is allowed. Marriage between the parties is dissolved by mutual consent. In view of the above, the impugned judgment and decree of the trial Court is set aside and the basis on which it was granted no longer survives.
Office to draw up a decree in the aforesaid terms.
Original record to be transmitted to the Family Court as early as practicable.
In view of disposal of the appeal, all pending applications stand disposed.
Sd/- JUDGE Sd/- JUDGE mv