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2021 Supreme(Kar) 837

B. V. NAGARATHNA, M. G. UMA
Jagannath Puttaswamy S/o. Gowdagere Rangaiah Puttaswammy – Appellant
Versus
Rashmi Rani D/o. Janardhana Swamy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Somashekharaiah R.P., Advocate
For the Respondent:Sri Sudhir M. Goranakolla, Advocate

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

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