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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF JUNE, 2021

PRESENT

THE HON9BLE MRS. JUSTICE B.V.NAGARATHNA

AND

THE HON9BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

MISCELLANEOUS FIRST APPEAL NO.8381/2017 (FC)

BETWEEN:

K.N.MAHESH,

S/O LATE NAGANAIKA,

37 YEARS,

R/AT KADKALKERI,

YELLANDUR TOWN,

CHAMARAJANAGARA DISTRICT 3 571 441.

... APPELLANT

(BY SMT. DHANALAKSHMI Y.G., ADVOCATE)

AND:

YESHODHA,

W/O K.N.MAHESH,

D/O VENKATAIAH,

31 YEARS, R/AT NO.468,

M BLOCK, KUVEMPUNAGARA,

MYSORE 3 570 023.

... RESPONDENT

(BY SRI.KUMARA K.G., ADVOCATE)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 19(1) OF THE FAMILY COURTS ACT, AGAINST THE

JUDGMENT AND DECREE DATED 05.08.2017 PASSED ON

M.C.NO.291/2015 ON THE FILE OF THE 1^ST ADDITIONAL

PRINCIPAL JUDGE, FAMILY COURT, MYSURU, DISMISSING THE

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PETITION FILED UNDER SECTION 13(1)(ia) & (ib) OF THE

HINDU MARRIAGE ACT.

THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR

ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE

FOLLOWING:

JUDGMENT

Though, this appeal is listed for orders, with the

consent of learned counsel for the parties, it is heard

finally.

2.

The appellant is the husband, while the

respondent is the wife. The appellant, being aggrieved by

the dismissal of his petition filed under Section 13(1)(ia)

and (ib) of the Hindu Marriage Act, 1955 (hereinafter

referred to as the <Act= for the sake of brevity), by

judgment and decree dated 05.08.2017 by I Addl. Prl.

Family Court at Mysuru in MC.No.291/2015, has filed this

appeal.

3.

Smt. Dhanalakshmi Y.G., learned counsel for

the appellant and Sri Kumara K.G., learned counsel for the

respondent submitted that during the pendency of this

appeal, the parties have negotiated a settlement. The

parties have decided to put an end to their marital

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relationship by seeking dissolution of marriage by a decree

of divorce by mutual consent. The parties, therefore, have

filed a petition under Section 13B(1) of the Act. It is

supported by a joint affidavit seeking dispensation of the

period of six months stipulated under Section 13B(2) of

the Act.

4.

Learned counsel for the parties have appeared

through video conference. The parties have appeared from

the office of Sri S.Ravi, learned counsel for the respondent

in Mysore and Sri Ravi S., learned counsel is also present

through video conference. He has stated that the

respondent along with the appellant has agreed to file a

petition under Section 13B(1) and application under

Section 13B(2) of the Act.

5.

The parties have been identified by their

respective counsel. As they have appeared from the office

of the learned counsel Sri S.Ravi from Mysore, when we

enquired, the parties they submitted that they indeed have

filed a petition under Section 13B(1) and application under

Section 13B(2) of the Act and that they have agreed for

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dissolution of their marriage by a decree of divorce by

mutual consent, in terms of what has been stated in the

petition filed under Section 13B(1) of the Act. They further

stated that they have agreed to file the petition and to

seek dissolution of marriage by a decree of divorce by

mutual consent without any coercion or undue influence

from any side. The parties have stated that the petition

may be allowed and the appeal may be accordingly

disposed.

6.

In the circumstances, we have taken on record

the petition filed by the parties under Section 13B(1),

which is supported by joint affidavit and the application

filed along with the joint affidavit under Section 13B(2) of

the Act. We note that the same is signed by the parties

and their respective counsel.

7.

In the petition filed by the parties under

Section 13B(1) of the Act, it is noted that the appellant has

agreed to pay a total sum of Rs.12,50,000/- by way of

permanent alimony to the respondent. Since, the

aforesaid amount is paid in full and final settle