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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 26^TH DAY OF NOVEMBER, 2020

PRESENT

THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

AND

THE HON’BLE MR. JUSTICE N.S. SANJAY GOWDA

M.F.A. No.9926/2013 (FC)

BETWEEN:

SRI N. MURALI KRISHNA,

AGED ABOUT 49 YEARS,

S/O. SRI M.S. NANJUNDASWAMY NAIDU,

153/53, CHIKKABOMMASANDRA,

G.K.V.K. POST, YELAHANKA, UPANAGARA,

BANGALORE – 560 065.

... APPELLANT

(BY SRI SUKUMARAN G., ADVOCATE (THROUGH V/C))

AND:

MRS. K. NIRMALA

W/O. SRI N. MURALIKRISHNA,

AGED ABOUT 37 YEARS,

D/O. SRI K. CHINNAPPA,

R/O. NO.245/21, SLIG,

6^TH CROSS, 5^TH PHASE,

NEW TOWN YELAHANKA

BANGALORE – 560 106

AND ALSO AT

THE PROPRIETRESS,

M/S. NEELU HERBAL BEAUTY PARLOUR,

302, 7^TH ‘B’ MAIN ROAD,

YELAHANKA NEW TOWN,

BANGALORE – 560 064.

... RESPONDENT

(BY SRI BASAVARAJU P., ADVOCATE (THROUGH V/C))

THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY

COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED

03.10.2013 PASSED IN M.C.NO.1762/2011 ON THE FILE OF THE

5^TH

ADDITIONAL

PRINCIPAL

JUDGE,

FAMILY

COURT,

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BANGALORE,

DISMISSING

THE

PETITION

FILED

UNDER

SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT.

THIS

APPEAL

COMING

ON

FOR

HEARING

–

INTERLOCUTORY APPLICATION THIS DAY, NAGARATHNA J.,

DELIVERED THE FOLLOWING:

J U D G M E N T

This appeal is listed to consider the petition filed

under Section 13B(1) of the Hindu Marriage Act, 1955

(hereinafter referred as “the Act” for the sake of brevity)

along with application filed under Section 13B(2) of the

Act.

2.

Appellant is the husband, who has filed this

appeal being aggrieved by the dismissal of his petition filed

under Section 13(1)(ia) of the Act seeking dissolution of

marriage by a decree of divorce in M.C.No.1762/2011,

dated 03/10/2013, by the V Additional Principal Judge,

Family Court at Bengaluru.

3.

Today (26/11/2020), learned counsel for the

respective

parties,

who

are

present

through

video

conference, in the presence of the parties, submitted in

unison that the parties have filed a petition under Section

13B(1) of the Act and an application under Section 13B(2)

of the Act. They have sought for dissolution of marriage

by a decree of divorce and hence, the same may be

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considered and the appeal may be disposed of in terms of

the petition filed by them and the judgment and decree of

the Family Court could be substituted accordingly.

4.

The parties are also present through video

conference. They have been identified by their respective

counsel. When this Court queried, they stated that they

have, indeed, negotiated a settlement in the matter. That

the settlement has been arrived at, on their free volition

without there being any coercion or undue influence from

any side. They stated that the appellant/husband has paid

a sum of Rs.2.50 lakh to the respondent/wife through

demand draft bearing No.354153, dated 23/11/2020,

drawn on Syndicate Bank, Hebbal Branch, Bengaluru and

the respondent/wife acknowledged the receipt of the

same. Therefore, they submitted that the appeal could be

disposed of accordingly.

5.

Learned counsel for the respective parties

further submitted that the parties were married on

16/08/2009, but M.C.No.1762/2011 was filed in the year

2011 and since then, the parties have not lived together as

there has been no reconciliation between them and hence,

no co-habitation. In the circumstances, they submitted

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that the application filed under Section 13B(2) of the Act

may be allowed having regard to the judgment of the

Hon’ble Supreme Court in the case of Amardeep Singh

vs. Harveen Kaur [(2017)8 SCC 746] (Amardeep Singh

vs. Harveen Kaur).

6.

In the circumstances, we have taken on record

the petition filed under Section 13B(1) of the Act. The

same reads as under:

“PETITION UNDER SECTION 13-B, OF THE HINDU

MARRIAGE ACT

The Appellant No.1 and 2 named above begs to

state as follows:-

1.

The Appellant No.1 and 2