IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.27662-27663 OF 2019 (GM-FC) BETWEEN:
SRI.CHIRANTH KUMAR, S/O SRI.K.R.KUMAR, AGED ABOUT 29 YEARS, R/A NO.627/E, 1ST CROSS, 1ST ‘C’ MAIN, VIJAYANAGAR 2ND STAGE, BENGALURU – 560 040.
… PETITIONER (BY SRI. V. B. SHIVA KUMAR, ADVOCATE) AND:
SMT. POOJA M., D/O B.P.MANJE GOWDA, AGED ABOUT 27 YEARS, R/A NO.2351/A, 2ND MAIN, 4TH CROSS, RPC LAYOUT, VIJAYANAGAR 2ND STAGE, BENGALURU – 560 040.
… RESPONDENT THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 18.06.2019 PASSED BY THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE DISMISSING THE I.A.NOS.3 AND 4 IN M.C.NO.2861/2019 WHICH IS PRODUCED AT ANNEXURE – A AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. V. B. Shivakumar, learned counsel for the petitioner along with the parties are present.
2. In these petitions under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 18.06.2019 passed by the Family Court by which the application filed by the petitioner for waiving of the cooling period seeking divorce by mutual consent has been rejected by the trial Court.
3. Both the parties were present before the Court. When the queries were put to them, they informed that they got married on 04.08.2016 and are residing separately from two years. It has been further stated that they were irretrievably being broken down and there are no chances of living together. It is further stated that they have exchanged their belongings and the dispute between them have been amicably settled.
4. In view of the aforesaid submission and in the facts and circumstances of the case, the trial Court has grossly erred in rejecting the application for waiving of the cooling period as prescribed under Section 13B of the Hindu Marriage Act, 1955. The impugned order dated 18.06.2019 is quashed and set aside and the trial Court is directed to pass a decree for divorce by amicable settlement of the parties.
Accordingly, these petitions are disposed of.
Sd/- JUDGE Mds/-