The central legal point established in the judgment is the mutual consent of the parties to dissolve their marriage under Sec. 13B of the Hindu Marriage Act, 1955.

JUDGMENT

ANANT RAMANATH HEGDE J. - Challenging the dismissal of petition in MC No.49/2013 in terms of judgment and decree dtd. 11/10/2017 on the file of learned II Addl. Senior Civil Judge, Ranebennur, the petitioner/husband is in appeal seeking dissolution of marriage.

2. Parties are present before the Court and they are represented by their learned advocates. Parties and learned advocates submit that dispute between the parties is settled and the parties are intending to file an application under Sec. 13B of the Hindu Marriage Act, 1955 (for short, 'Act') seeking dissolution of marriage on mutual consent. Accordingly, application under Sec. 13B of the Act is filed.

3. This Court has perused the contents of application filed under Sec. 13B of the Act. From the averments made in the application, it is forthcoming that the parties are living separately for more than 14 years prior to this date. It is also averred that there is no chance of resumption of marital life between the parties. This Court has also made an enquiry with the parties and Court is convinced that there is no chance of resumption of marital life between them. The appellant/husband has offered a sum of Rs.10.00 lakhs as one time payment of permanent alimony to his wife towards full and final settlement of her claim. The respondent/wife has also agreed for the said offer made by the appellant/husband. The appellant/husband has offered to pay the said amount in two installments and the respondent/wife has also agreed for the said proposal.

4. Terms and conditions of Sec. 13B application would reveal that the appellant/husband undertakes to pay Rs.2,000.00 per month from this day, as maintenance to their son till he attains the age of majority. It is also forthcoming from the terms and conditions of Sec. 13B application that the appellant/husband has agreed to return gold ornaments weighing 20 grams and silver ornaments weighing 50 grams to the respondent/wife within one week from today. The respondent/wife has also agreed to return one gold ring weighing four grams to the appellant/husband within one week from today.

5. Parties have also filed an application under Sec. 13B(2) of the Act for waiving six months' cooling period to accept the application under Sec. 13B of the Act. This Court has perused the said application and also made necessary enquiry with the parties present before the Court. This Court is convinced that the parties have mutually agreed to get their marriage dissolved on the terms and conditions incorporated in the application under Sec. 13B of the Act. It is apparent that there is no force or coercion whatsoever to enter into settlement between the parties. This Court is also convinced that there is no chance of resumption of marital life between the parties and even after six months. No purpose would be served in keeping the appeal pending for six months. Under the circumstances, application under Sec. 13B(2) of the Act for waiving six months cooling period is allowed. Consequently, application under Sec. 13B of the Act is accepted and taken on record.

6. A perusal of paragraph-7 of Sec. 13B application would disclose the payment made by the appellant through Demand Draft bearing No.22062 dtd. 30/8/2022 for a sum of Rs.3,50,000.00 in favour of respondent/wife and for remaining amount of Rs.6,50,000.00, Cheque bearing No.000002 dtd. 1/12/2022 is handed over to the respondent/wife. The appellant/husband assures that said cheque would be honoured on presentation after due date. It is made clear that if the cheque is dishonoured on presentation, the appellant/husband is liable for payment of interest at 18% per annum on the amount due, besides penal consequences under Sec. 138 of Negotiable Instruments Act, 1881. That apart, the wife is at liberty to execute this order as if it is a money decree, in case the husband fails in his commitment. The respondent/wife acknowledges the receipt of aforementioned Demand Draft and post dated cheque.

7. Since