Petitioners being the estranged couple, had moved a Petition for decree of dissolution of their marriage on the basis of mutual consent. In support of that, certain grounds are urged. The matter having been sent to Mediation, a report dated 2.1.2023 was furnished to the court reporting settlement. Parties had moved a Compromise Petition too, in terms of settlement arrived at before the conciliator. However, learned Judge of the Family Court, Bengaluru, has negatived the claim for grant of dissolution of marriage on the sole ground that the spouses are residing under the same roof.
2. Learned counsel appearing for the Petitioners finds fault with the impugned order contending that in matters like this, the fact that the parties are residing under the same roof, pales into insignificance except for the purpose of territorial jurisdiction. The fact that the spouses are residing in the same premises could not have been a ground for making the order of the kind. Such a flawed reasoning bewilders the Court, to say the least. Such a fact arguably may show the good culture of the spouses who are otherwise at loggerheads. The reason assigned by the Court below for denying relief to the parties constitutes an error of great magnitude apparent on the face of the record.
3. In view of the above, this Petition succeeds; a Writ of Certiorari issues quashing the impugned order; matter is remitted to the portals of the learned Judge of the Court below, requesting him to pass a judgment & decree in terms of the Compromise Petition and the report of the Mediator.
In the High Court of Karnataka
(Before Krishna S. Dixit, J.)
Divya Ganesh Nallur and Another Vs
Nil
Writ Petition No. 24429 of 2022 (GM-FC)
Decided on June 8, 2023
Citation: 2023 SCC OnLine Kar 28
The Order of the Court was delivered by
Krishna S. Dixit, J.:— Petitioners being the estranged couple, had moved a Petition for decree of dissolution of their marriage on the basis of mutual consent. In support of that, certain grounds are urged. The matter having been sent to Mediation, a report dated 2.1.2023 was furnished to the court reporting settlement. Parties had moved a Compromise Petition too, in terms of settlement arrived at before the conciliator. However, learned Judge of the Family Court, Bengaluru, has negatived the claim for grant of dissolution of marriage on the sole ground that the spouses are residing under the same roof.
2. Learned counsel appearing for the Petitioners finds fault with the impugned order contending that in matters like this, the fact that the parties are residing under the same roof, pales into insignificance except for the purpose of territorial jurisdiction. The fact that the spouses are residing in the same premises could not have been a ground for making the order of the kind. Such a flawed reasoning bewilders the Court, to say the least. Such a fact arguably may show the good culture of the spouses who are otherwise at loggerheads. The reason assigned by the Court below for denying relief to the parties constitutes an error of great magnitude apparent on the face of the record.
3. In view of the above, this Petition succeeds; a Writ of Certiorari issues quashing the impugned order; matter is remitted to the portals of the learned Judge of the Court below, requesting him to pass a judgment & decree in terms of the Compromise Petition and the report of the Mediator. This is to be done at the earliest.
4. Parties are directed to appear before the jurisdictional Family Court, Bengaluru on 23.6.2023.
5. Costs made easy.
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