SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sri Charan S vs Nil on 1 October, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 01ST DAY OF OCTOBER, 2018

BEFORE

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

WRIT PETITION NOs.41451-452/2018 (GM-FC)

BETWEEN:

1. Sri Charan S
S/o Srinivas Murthy
Aged about 31 years
R/at No.63/5 Chakira Nilaya
4th Main, Near BEML Hospital
G.M.Palya, Jeevanbhimanagar
Bengaluru – 560 075

2. Smt. Vani S
W/o Charan S
Aged about 27 years
R/at No.A-54, 5th Block
BEML Township
New Thippasandra P.O.
Bengaluru – 560 075 …Petitioners

(By Smt. Champoo Kavya S, Advocate for
M/s Sastry Co., Advocates)

AND:

Nil … Respondent/s

These Writ Petitions are filed under Articles 226 and
227 of the Constitution of India, praying to set-aside the
2

impugned order dated 25.08.2018 at Annexure-A in an
Interim Application under Section 151 of the Civil
Procedure Code 1908 passed in MC No.3931/2018 pending
before the IV Additional Principal Judge, Family Court at
Bengaluru and dispense with the waiting period of six
months.

These Writ petitions coming on for Preliminary
Hearing this day, the Court made the following:-

ORDER

Heard learned counsel for the petitioners.

2. Petitioners state that they are husband and

wife respectively, who were married as per Hindu rites and

customs on 21.08.2016 at BEML Kalyana Mandira,

Bengaluru-560 075. According to the petitioners, their

marriage has not been consummated and they have

severed their marital status and ties from the very day of

their marriage on account of incompatibility. The

petitioners ultimately filed a petition seeking divorce by

mutual consent under Section 13(B) of the Hindu Marriage

Act, 1955 (hereinafter referred to as ‘Act’ for the sake of
3

convenience) in MC No.3931/2018. Along with the said

petition, they filed an application under Section 13B(2) of

the Hindu Marriage Act, 1955 read with Section 151 of the

Code of Civil Procedure, 1908 seeking to dispense with the

statutory waiting period of six months and to order for

dissolution of their marriage by a decree to be passed

under Section 13B of the Act. The IV Additional Principal

Judge, Family Court, Bengaluru, by order dated

25.08.2018 has however rejected the said application.

Being aggrieved by the said order, the petitioners have

filed this writ petition.

3. I have heard learned counsel for the

petitioners.

4. She submits that the Family Court has not

appreciated the reasons as to why they are seeking to

dispense with the statutory period under Section 13B(2) of

the Act. She submits that right from the date of their

marriage, the parties have not lived together. Their

marriage has not been consummated. There is no scope of
4

re-union, the parties are residing separately from the date

of marriage i.e., from 21.08.2016 and thereafter on

21.07.2018, they decided to file a petition seeking divorce

by mutual consent. That in such circumstances, the

statutory waiting period under Section 13B(2) is irrelevant,

since even from the very inception of their marriage, there

has been no meeting of minds of the parties owing to

incompatibility between them. That in fact demonstrates

there is no marital relationship between them. That the

Hon’ble Supreme Court in the case of AMARDEEP SINGH

VS. HARVEEN KAUR reported in (2017)8 SCC 746)

has opined that the statutory waiting period in such cases

is wholly irrelevant and therefore, applying the said

judgment, the Family Court ought to have waived the

statutory period under Section 13B(2) of the Act and

granted divorce by mutual consent to the petitioners.

5. Learned counsel for the petitioners submits

that this Court may consider the case of petitioners and on

the basis of the judgment of the Hon’ble Supreme Court in
5

the case of AMARDEEP SINGH VS. HARVEEN KAUR

and direct the Family Court to order for divorce by mutual

consent by dispensing with the statutory, cooling off period

of waiting under Section 13B(2) of the Act.

6. I have considered the submission made by the

learned counsel for the petitioners in the light of the

pleadings on record, particularly, the application made by

the petitioners along with their memorandum of divorce

petition by mutual consent and in light of the judgment of

the Hon’ble Supreme Court in AMARDEEP SINGH VS.

HARVEEN KAUR. In para 16 of the said Judgment, the

Hon’ble Supreme Court has stated as under:

“The object of the cooling off period was to
safeguard against a hurried decision if there
was otherwise possibility of differences being
reconciled. The object was not to perpetuate a
purposeless marriage or to prolong the agony
of the parties when there was no chance of
reconciliation. Though every effort has to be
made to save a marriage, if there are no
chances of reunion and there are chances of
6

fresh rehabilitation, the Court should not be
powerless in enabling the parties to have a
better option.

7. Placing reliance on the aforesaid observations,

learned counsel for the petitioners contended that the

petitioners have categorically averred in their application

that the marriage between the parties is only informal and

bereft of any substance. That the parties have not lived

together, the marriage is not consummated due to

incompatibility right from the first day of the marriage. In

the circumstances, petitioners have sought for dispensing

with six months statutory waiting period under Section

13B(2) of the Act.

8. Having regard to the facts of the case and by

applying the dictum of the Hon’ble Supreme Court, I am of

the opinion that the trial Court ought to have considered

the case of the petitioners and allowed their application as

it is apparent that there is no chances of re-union or

reconciliation between the parties and therefore allowed

the said application.

7

In the circumstances, impugned order dated

25.08.2018 at Annexure-A is quashed. The petitioners are

at liberty to seek appropriate orders by advancing the case

before the Family Court and seek dissolution of their

marriage by mutual consent.

Writ petitions are disposed off in the aforesaid

terms.

Sd/-

JUDGE
KMV/-

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation