IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14039 OF 2019 (GM-FC) BETWEEN:
1. Smt.Sonia @ Deepika W/o Manoj @ Ameeth D/o Narendra Nahar Aged about 25 years Behind Canara Bank Venkatarao Colony Sindanur Raichur – 584 128.
2. Sri.Manoj Kumar S @ Ameeth S/o Sampathraj Aged about 27 years R/at No.9/2, First Floor Ganigara A Lane Sunkalpet Main Road Bangalore – 560 002.
... PETITIONERS (By Sri.Umesh B.N., Advocate for Petitioner No.1 Sri.Murali M., Advocate for Petitioner No.2) AND:
Nil ... RESPONDENT This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for records in MC No.885/2019 on the file of learned V Additional Principal Judge, Family Court, Bengaluru and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri. Umesh B.N., learned counsel for Petitioner No.1.
Sri. Murali M., learned counsel for Petitioner No.2.
The learned counsel for the petitioners are present along with their parties.
The petition is admitted for hearing. With the consent of learned counsel for the petitioners, the same is heard finally.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioners have assailed the validity of the order dated 27.02.2019 passed by the Family Court in M.C.No.885/2018 filed by the petitioners under Section 13B(2) of the Hindu Marriage Act, 1955 seeking dissolution of their marriage on the basis of mutual consent, which has been rejected on the ground that no material was placed by the parties for waiving the cooling period.
3. Facts giving rise to filing of the Writ Petition briefly stated are that the parties got married as per the customs prevailing in Jain Community on 03.06.2015. Petitioner No.2 is employed as an associate in the office of the chartered accountant whereas petitioner No.1 is a graduate in Commerce. Admittedly, marriage of the parties had broken down irretrievably and there are no chances for them to live together. The parties have been residing separately since 13.05.2016.
4. Petitioners, therefore, filed an application under Section 13B(2) of Hindu Marriage Act before the Family Court in which the terms and conditions of the settlement arrived at between the parties were also set out. The aforesaid application was filed on 11.02.2019. However, the Family Court by an order dated 27.02.2019 dismissed the application filed by the petitioners on the ground that no material has been placed by the parties for waiving the cooling period as prescribed under Section 13B of the Act.
5. Hon’ble Supreme Court in the case of AMARDEEP SINGH VS. HARVEEN KAUR, AIR 2017 SC 4417 has held that cooling off six months period prescribed under Section 13B of the Hindu Marriage Act is not mandatory and the same can be waived under certain circumstances. In the instant case, the parties admittedly got married on 03.06.2015. They do not have any children from their wedlock. The parties have amicably settled the dispute between them and the details of which had been mentioned in Paragraphs 8, 9 and 10 of the petition filed under Section 13B(2) of the Hindu Marriage Act. The parties are also present before this Court. When a query was put to them, both the parties unequivocally stated before this Court that it is not possible for them to live together and they are living separately from past two and half years. It is further stated jointly that the dispute between them has been resolved and application filed by the parties be allowed and decree be granted dissolving the marriage, which took place between them on 03.06.2015.
6. In view of the aforesaid submissions and in the facts of the case referred to supra, the cooling off six months period is waived in the facts of the case and the marriage between the parties which was held on 03.06.2015 is dissolved by a decree of divorce subject to the terms and conditions mentioned in Paragraphs 8, 9 and 10 of the petition filed by the parties under Section 13B of the Hindu Marriage Act, 1955.
7. In the result, the impugned order dated 27.02.2019 passed on I.A.No.3 in M.C.No.885/2018 by V Additional Principal Family Judge, Bengaluru is quashed. Accordingly, the petition is allowed.
Sd/- JUDGE Prs*