IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.13568 OF 2019 (GM-FC) BETWEEN:
MR SAGAR ATHANI HIREMATH S/O ATHANI HIREMATH GURUMURTHY AGED ABOUT 36 YEARS RESIDING AT NO.628/7 SHIVANANDASWAMY COMPOUND K B EXTENSION DAVANAGERE – 566 002 (BY SMT.ANNU BHARADWAJ, ADV.) AND:
SMT SUREKHA SHIVASHIMPI W/O SRI SAGAR ATHANI HIREMATH D/O IRAPPA SHIVASHIMPI AGED ABOUT 30 YEARS R/AT NAREGAL TALUK RON DISTRICT GADAD … PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PROCEEDING U/S 13(i)(a) & (b) FILED BY RESPONDENT BEFORE THE SENIOR CIVIL JUDGE AND JMFC, RON, LACKS JURISDICTION AND THEREFORE, LIABLE TO BE DISMISSED; AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Annu Bharadwaj, Learned counsel for the petitioner.
In this petition, the petitioner inter alia has sought for a declaration that the proceedings initiated under Section 13 (i)(a) and (b) of the Hindu Marriage Act, 1955 filed by the respondent before the Senior Civil Judge and JMFC, Ron lacks jurisdiction and therefore, is liable to be dismissed.
2. When the matter was taken up today, learned counsel for the petitioner is present with the parties. Learned counsel for the petitioner has identified the parties and has filed an application under Section 13B(1) and 13B(2) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) seeking dissolution of the marriage as per the averments made in the petition. The marriage between the parties had been solemnized on 09.04.2014. The parties are living separately since, 2014 and the petitioner No.1 has handed over a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) by way of Demand Draft towards permanent alimony. Thereupon, petitioner No.2 has agreed that she will have no claim with regard to immovable property of the petitioner No.1.
3. This court interacted with the parties. The petitioner No.1 has a Master Degree in Philosophy, Master Degree in Education and English literature and he is employed as a Teacher in Blooming Dale International School. He states that the marriage between the parties has been irretrievably broken down and they are living separately since, 2014 and it is not possible for petitioner No.1 to live with petitioner No.2. The petitioner No.2 stated before the Court that she has obtained MBA degree and it is not possible for her to live together with petitioner No.1 and she is residing separately since, 2014.
4. From the above submissions made by the parties before this Court, it is evident that the marriage has been irretrievably broken down and there is no possibility for amicable settlement of the dispute. Therefore, the requirement of waiting for a period of six months after filing the petitioner under Section 13B of the Act is dispensed with.
5. In the result, the petition filed by the parties seeking dissolution of their marriage by a decree of divorce is allowed. The Family Court is directed to pass a decree for dissolution of marriage in terms of the compromise arrived at between the parties.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE SS