DECREE

DATED:05.11.2019,

PASSED

IN

MATRIMONIAL

CASE

NO.52/2014 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL

JUDGE, CHIKODI, DISMISSING THE PETITION FILED U/SEC.

13(1)(I-A) OF THE HINDU MARRIAGE ACT, 1955.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,

ANANT RAMANATH HEGDE J., DELIVERED THE FOLLOWING:

JUDGEMENT

This appeal is filed challenging the judgement and

decree dated 05.11.2019 in M.C. No.52/2014 on the file of

Principal Senior Civil Judge, Chikodi. Before the trial court

the husband filed petition seeking dissolution of marriage.

2.

This case is listed for admission. Both the

appellant and respondent are present before the Court.

They are identified by their respective learned counsel.

3.

Learned

counsel

for

the

appellant

and

respondent would submit that the parties have settled the

dispute and accordingly they have filed petition under

Section 13-B of Hindu Marriage Act. It is stated in the

petition that they are residing separately for the last 7

years and there is no cohabitation and no chance of

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resumption of marital relationship between the appellant

and the respondent. It is also stated that there are no

issues/children

from

the

marital

relationship.

It

is

submitted that despite best efforts to resume the marital

relationship they could not succeed.

4.

An application is filed under Section 151 of

Code of Civil Procedure for waiving of 6 months waiting

period for accepting the petition filed under Section 13-B

of Hindu Marriage Act.

5.

This Court perused the reasons assigned in the

affidavit accompanying the application. This Court is

convinced that there is no chance of resumption of martial

relationship between the husband and wife. Moreover, the

husband and wife in court are litigating for the last 6

years. Accordingly, application for waiving 6 months period

is allowed.

6.

We are also satisfied with the contents of

compromise petition filed under Section 13-B of Hindu

4

Marriage Act seeking dissolution of marriage by mutual

consent.

7.

The appellant-husband has also paid Rs.15

lakhs to the respondent wife as permanent alimony and

the amount is paid in terms of demand draft dated

22.02.2022 bearing No.803761, drawn on the Federal

Bank, Chikodi Branch. The respondent-wife accepts the

demand draft which is handed over to her before the

Court.

8.

This Court finds no impediment to allow the

petition. The respondent has also submitted that Rs.15

lakhs paid to her is towards full discharge of her claim.

9.

Accordingly,

the

appeal

is

allowed.

The

judgement

and

decree

dated

05.11.2019

in

M.C.No.52/2014 on the file of Principal Senior Civil Judge,

Chikodi is set aside. Marriage solemnized on 25.01.2012

between the appellant-husband and respondent-wife is

dissolved in terms of the petition filed under Section 13-B

of Hindu Marriage Act.

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10.

Draw decree accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

sh