IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 12035 OF 2018 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 34751 OF 2016)

DR. GEETHA ...APPELLANT(S)

VERSUS DR. MAHANTESH PATIL ...RESPONDENT(S)

O R D E R

Leave granted.

2. This appeal is against a judgment and order dated 16.09.2016 passed by the Kalaburagi Bench of the High Court of Karnataka dismissing the appeal being MFA No. 200536 of 2015 (FC) filed by the appellant and confirming the decree of divorce granted by the learned Family Court at Gulbarga on the ground of cruelty in the matrimonial suit under Section 13(1) (a) being M.C. No. 47/2013 filed by the respondent against the appellant.

3. The marriage between the appellant and the respondent was solemnized on 25.12.2005 and they have a daughter from the wedlock who has been under the care and custody of the appellant since her birth. The respondent had filed the divorce petition on the ground of cruelty and desertion by the appellant. Vide judgment dated 21.02.2015, the Family Court Signature Not aVerlifield owed the divorce petition only on the ground of cruelty. In Digitally signed by MADHU BALA Date: 2019.01.03

15:57:50 ISTappeal before the High Court by the appellant, the same was Reason:

affirmed. The High Court granted permanent alimony of Rs.20,00,000/- (Rupees twenty lakhs) by way of one time settlement out of which an amount of Rs.15,00,000/- (Rupees fifteen lakhs) was to be kept in joint fixed deposit in the names of the appellant and the minor daughter towards maintenance of the minor daughter and remaining amount of Rs.5,00,000/- payable to the appellant. Being aggrieved, the appellant has preferred this appeal.

4. In the course of hearing, the parties have settled their disputes. It is agreed that subject to payment by the respondent to the appellant of a one time lumpsum amount of Rs.55,00,000/- (Rupees fifty five lakhs) including the amount of Rs.20,00,000/- (Rupees twenty lakhs) which has been awarded by the High Court, the marriage of the appellant and the respondent shall be dissolved by mutual consent under Section 13B of the Hindu Marriage Act, 1955. An application for divorce by mutual consent has also been filed in this Court today.

5. In view of the settlement as aforesaid, the application for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 may be allowed. The order under appeal is, accordingly, set aside. The decree of divorce granted by the Family Court, Gulbarga as affirmed by the High Court is set aside. In exercise of our power under Article 142 of the Constitution of India, we direct that there shall be a decree of dissolution by mutual consent of the marriage between the appellant and the respondent under Section 13B of the Hindu Marriage Act, 1955 subject to payment of total sum of Rs.55,00,000/- by the respondent to the appellant.

6. It is recorded that sum of Rs.35,00,000/- (Rupees thirty five lakhs) has been paid by the respondent to the appellant in court by way of three demand drafts, the particulars of which are noted here below:

It is submitted that a sum of Rs. 15,00,000/- has been put in a fixed deposit in the name of the daughter of the appellant. The fixed deposit receipt shall be made over to the appellant within a period of four weeks. Further sum of Rs.5,00,000/- (Rupees five lakhs) shall positively be paid by the respondent to the appellant within a period of four weeks from today.

7. The appeal is, accordingly, disposed of.

……………………………………………….J.

[R. BANUMATHI]

NEW DELHI …………………………………………….J.

12TH DECEMBER, 2018 [INDIRA BANERJEE]

ITEM NO.10 COURT NO.9 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 34751/2016 (Arising out of impugned final judgment and order dated 16-0