Sureshgouda Shantveergoud ... vs Smt. Vijaylaxmi W/O. Sureshgouda ...
2021 Latest Caselaw 7046 Kant

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            IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

       DATED THIS THE 22ND DAY OF DECEMBER, 2021

                        PRESENT

       THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
                          AND
           THE HON'BLE MR.JUSTICE S. RACHAIAH

               M.F.A. No. 102396/2018 (MC)
BETWEEN:

SURESHGOUDA S/O SHANTVEERGOUDA
HIREGOUDAR, AGED 40 YEARS,
OCC.: SERVICE, R/O YALIVAL,
TALUK KUNDGOL, DISTRICT GADAG.
                                         -    APPELLANT
(BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)

AND:

VIJAYLAXMI W/O SURESHGOUDA HIREGOUDAR,
AGED 31 YEARS, OCC.: HOUSEHOLD,
R/O YALIVAL, TALUK KUNDGOL,
DISTRICT GADAG.
                                     -        RESPONDENT

     THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 19(1) OF
THE FAMILY COURT ACT, 1984, AGAINST THE JUDGMENT AND
DECREE DATED 31.03.2017 PASSED IN M.C. NO. 115/2015 ON
THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI &
ETC.

     THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, S.SUNIL DUTT YADAV J., PASSED THE FOLLOWING:
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                      ORDER

The present appeal has been filed calling in question the

order passed in M.C. No. 115/2015 wherein the petition filed

by the appellant seeking for dissolution of the matrimonial

relationship between the appellant and the respondent came

to be dismissed. During the pendency of the present appeal

both parties at the intervention of well intentioned family

members and others have resolved to dissolve matrimonial

relationship on the ground of mutual consent.

2. Petition u/S 13B of the Hindu Marriage Act is submitted.

The petition is accompanied by affidavits of the appellant as

well as the respondent. Contents of the petition is read over

to the parties in the language known to them. Both parties

admit to the contents of 13B petition filed. It is further taken

note that the appellant has handed over a demand draft of

`10 lakhs to the respondent in terms of the 13B petition filed.

In light of the judgment of the apex Court in the case of

Amardeep Singh Vs. Harveen Kaur (2017) 8 SCC 746,

waiting period of six months is waived and the petition u/S

13B is taken up for consideration and in light of the facts

made out and as both parties submit that they intend to

amicably resolve the dispute in the manner as mentioned in

the 13B petition, the matrimonial relationship between the

parties is dissolved and petition u/S 13B(1) of the Hindu

Marriage Act is allowed. The present order would supersede

the impugned judgment and decree which is set aside.

Accordingly, there would be a decree in terms agreed u/S 13B

petition. Accordingly, matrimonial relationship between the

petitioner-appellant and respondent solemnized on

18.05.2011 is dissolved.

Registry to draw decree in terms of 13B petition.

Sd/-

JUDGE

Sd/-

JUDGE bvv