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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

allowed the divorce petition only on the ground of cruelty. In

appeal before the High Court by the appellant, the same was

affirmed. The High Court granted permanent alimony of

Rs.20,00,000/- (Rupees twenty lakhs) by way of one time

Digitally signed by

MADHU BALA

Date: 2019.01.03

15:57:50 IST

Reason:

Signature Not Verified

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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.

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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:

SL. NO. DRAWN ON

DATE

DEMAND

DRAFT NO.

AMOUNT

1.

AXIS BANK

10.12.2018

100276

RS. 5,00,000/-

2.

AXIS BANK

10.12.2018

100277

RS. 15,00,000/-

3.

SYNDICATE

BANK

04.12.2018

702882

RS. 15,00,000/-

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

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