JUDGMENT :

This appeal is filed by the appellant - husband assailing the judgment and decree passed in M.C.No.4/2016 dated 02/04/2019 by the I Addl. Prl. Judge, Family Court at Mysuru. The said petition was filed by the husband under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955 (hereinafter, referred to as "the Act", for the sake of brevity). By the said judgment and decree, the petition filed by the husband was dismissed. Hence, this appeal.

2. During the pendency of this appeal, the parties have filed a petition under Section 13B(1) of the Act, seeking dissolution of marriage by a decree of divorce by mutual consent. An application is also filed under Section 13B(2) of the Act, seeking waiver of six months period stipulated under Section 13B(2) of the Act.

3. We have heard learned counsel for respective parties, who are also present before this Court.

4. Learned counsel for respective parties submitted that during the pendency of this appeal, the parties have decided to seek dissolution of their marriage by a decree of divorce by mutual consent and they have filed a petition under Section 13B(1) of the Act, as well as an application under Section 13B(2) of the Act, the same may be allowed and the impugned judgment and decree may be set aside. They submitted that the parties are present before this Court and they have no objection for the impugned judgment and decree to be set aside.

5. The parties are present before this Court and they have been identified by their respective counsel.

6. When queried by this Court, the parties stated that they have indeed agreed that their marriage be dissolved by a decree of divorce by mutual consent. They have submitted that they have come to such an agreement on their own free volition without there being any coercion or undue influence from any side. They also stated that they would abide by the settlement and the appeal may be disposed of in terms of the settlement arrived at between them

7. Learned counsel for appellant submitted that a sum of Rs.17,00,000/-has been paid towards permanent alimony to the respondent by Demand Draft bearing No.086376 drawn on State Bank of India, Chandra Layout Branch, Bengaluru, dated 25/01/2021, in favour of the respondent.

8. Memorandum of settlement arrived at between the parties under Section 13B(1) of the Act is taken on record. It is noted that to same is signed by the respective parties and their advocates. It is supported by a joint affidavit. The terms of settlement read as under:-

"MEMORANDUM OF APPLICATION UNDER SECTION 13(2)(B) OF THE HINDU MARRIAGE ACT, 1955

The appellant and respondent above named submits as follows:-

1. That the marriage of the appellant with the respondent was solemnized on 03.03.2002 as per Hindu Customs at Raghavendra Kalyana Mantapa at Mysore. Thereafter out of wed lock they got son by name Chiranth Born on 09-07-2004 and daughter by name Akansha was born on 13-07-2007.

2. That thereafter the Appellant filed divorce petition M.C.No.4/2016 alleging many acts against the Respondent seeking dissolution of marriage solemnized between the appellant and respondent dated 03.03.2002 under section 13(1) (i-a) & (i-b) of the Hindu Marriage Act before the First Addl. Prl. Judge Family Court at Mysore.

3. That the petition filed by the Appellant for divorce came to be dismissed as per the judgment decree dated 02.04.2019, for dissolving the marriage solemnized between the appellant and respondent herein.

4. That the Appellant being aggrieved by the Judgment and decree dt.02.04.2019 made in M.C.No.4/2016 on the file of the 1st Addl. Prl. Judge Family Court at Mysore, preferred the above appeal. This Hon'ble Court ordered notice to the respondent as per order dt.27-09-2019.

5. That after service of notice, the parties at the intervention of well-wishers and family friends amicably settled the matter.

6. That as per the settlement, the appellant has paid a sum of Rs.17,00,000/-by way of DD bearing No.086376 drawn on SBI Bank, Chandra layou