Shri.Ganapati S/O. Ishwaragouda ... vs Smt.Rekha W/O. Ganesh Patil
2021 Latest Caselaw 817 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 13 T H DAY OF JANUARY, 2021

                        PRESENT

 THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR

                          AND

            THE HON'BLE MR.JUSTICE P.N.DESAI

               M.F.A. NO.100411/2019 (FC)

B ETWEEN:

SRI. GANAPAT I S/O. ISHWARGOU DA PATIL,
AGE: 33 YEARS, OCC. COOL IE,
R/O. HLIT IKAT I (BANADU R), HALLIGERI V IL LAGE,
PANCHAYAT, TQ. & DIST. DHARWAD.
                                               ... APPELLANT
(B Y SRI. VISHNU B HAT, ADV.)

AND:

SMT. REKHA W/O. GANESH PAT IL,
AGE: 27 YEARS, OCC. HOUSEHOLD,
R/O. TAVANAGI, TQ, HALIYAL,
DIST . KARWAR (UT TAR KANNADA).
                                           ... RESPONDENT


     THIS MFA IS F IL ED UNDER SECT ION 19( 1) OF THE
FAMILY COU RT ACT, AGAINST THE J UDGMENT AND DECREE
DATED    09.11.2018  PASSED   IN    MATRIMONIAL  CASE
NO.110/ 2016 ON T HE FILE OF T HE PR INCIPA L J UDGE,
FAMILY COU RT , DHARWAD, DISMISS ING THE P ET IT ION
FILED U NDER S ECTION 13( 1)(i- a)(i-b) OF THE HINDU
MARRIAGE ACT, 1955.


    THIS MFA COMING ON FOR OR DERS TH IS DAY,
SREENIVAS HARIS H KUMAR J., DELIVERED THE FOLLO WING:
                            :2:


                       JUDGMENT

The app ellant and the respond ent are p resent with

their respective ad vocates.

2. The p arties have preferred a p etition under

Ord er 23 Rule 3 of CPC read with Section 13B(1) of

Hindu Marriag e Act. According to the compromise, the

matter has been settled between the parties.

3. We are unable to entertain the ap plication for

comp romise, as this Court cannot entertain the petition

filed for mutual consent under Section 13B(1) of the

Hindu Marriag e for the first time. The same has to b e

presented b efore the concerned jurisd ictional Court.

4. Therefore, we grant permission to the p arties

to present the petition und er Section 13B(1) of the

Hindu Marriage Act before the Court having jurisdiction.

5. Since the divorce petition filed by husb and is

of the year 2016, we d irect the jurisd ictional Court to

dispense with the waiting period of six months and

entertain the divorce p etition under Section 13B(1) of

Hindu Marriage Act.

Parties are at lib erty to approach the

jurisdictional Court.

This app eal stands disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

Rs h