ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

1. Learned counsel appearing for the parties jointly submit that the matter is amicably settled between the parties and the same has been reported in RPFC No.100182/2022 before the Mediation Centre, High Court of Karnataka, Dharwad Bench. A copy of the memorandum of agreement entered between the parties before the Mediation Centre is also enclosed along with the application.

2. It is submitted that as per the terms of the said settlement, the parties have filed this application for divorce by mutual consent/Mubarath Nama. The averments made in the application, reads as under:

“APPLICATION FOR DIVORCE BY MUTUAL CONSENT/MUBARATH NAMA The parties to the application submit as under:

1.

The parties herein state that, the Marriage between both the parties was solemnized on 29.03.2021 as per the rites and customs prevailing in Muslim community. The marriage is an arranged marriage with the consent of all the relatives of both the parties. It is submitted that, after the marriage, both the parties lived together as Husband and Wife at Ballari. Parties belongs to Sunni Muslims.

2.

Parties submit that No issues were born to them in their wedded lock. As usual wordy quarrel was accord and difference of opinion between them, there were multiple proceedings between the parties herein and the marriage has broken down irretrievably.

3.

That both the parties have agreed to dissolve their marriage performed on 29.03.2021, by mutual consent, by an agreement of Mubarat, prevailing in Muslim Community.

4.

In view of difference of opinion between the parties there are cases and counter cases filed against each other. However, by the intervention of elders, family and friends the dispute between the parties has now been resolved and settled in the following terms:

5.

The cases filed by the Respondent-wife against the Appellant and his parents are as under:

a) The Respondent-wife has filed Cr. Misc.

No. 138/2021 against the appellant under Section 125 of Cr.P.C., claiming maintenance before the Family Court Ballari, wherein a sum of Rs.8,000/- has been granted as maintenance per month along with Rs.15,000/- towards litigation expenses. Challenging the same RPFC No.100182/2022 filed by the Appellant- Husband, this Hon’ble Court on 08.12.2022 was pleased to stay the order subject to deposit of Rs.75,000/-, which has been deposited on 04.01.2023. The Respondent-wife also filed RPFC No. 100077/2023 seeking enhancement of the maintenance amount. Both petitions are pending for consideration.

b) The Respondent-wife filed complaint against Appellant-husband and parents-in- law in Crime No.114/2021, before Ballari Women Police Station, for the offences punishable under Section 498A, 323, 420, 504,506 R/w Section 34 IPC. The police after completion of investigation have filed chargesheet against the appellant and parents-in-law, in CC No. 1560/2021 at present pending on the file of IV Addl. Civil Judge and JMFC Ballari. The Appellant-husband and his parents have filed Criminal petition No.104094/ 2022, seeking quashing of the charge sheet, this Hon’ble Court on 12.12.2022, was pleased to stay the further proceedings in CC No.1560/2021, and the petition is pending for consideration.

6.

Cases filed by Appellant-husband against Respondent-wife is as under:

a) The Appellant- husband has filed a suit in O.S. No.24/2022 on the file of Principal Judge, Family Court Ballari, against the Respondent-wife for declaration to declare the marriage solemnized on 29.03.2021 as null and void and consequential relief of deletion of entry made by Khazi of Karatagi, Gangavathi Taluk, Koppal district and for other reliefs. The Suit after contest has been dismissed with costs. The Appellant-husband preferred the present appeal, same is pending consideration, before this Hon’ble Court.

7.

The matter in RPFC No.100182/2022 and RPFC 100077/2023 have been referred to mediation for settlement. The parties after deliberation and made ease advic