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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 29^TH DAY OF JANUARY, 2021

PRESENT

THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

AND

THE HON’BLE MRS. JUSTICE M.G. UMA

M.F.A.No.7567/2019 (FC)

BETWEEN:

SRI JAGANNATH PUTTASWAMY

S/O. GOWDAGERE RANGAIAH PUTTASWAMMY

AGED ABOUT 50 YEARS,

R/AT NO.126/13, 6^TH CROSS,

BAPUJI LAYOUT, VIJAYANAGAR,

BENGALURU - 560 040.

... APPELLANT

(BY SRI SOMASHEKHARAIAH R.P., ADVOCATE)

AND:

SMT. RASHMI RANI

D/O. JANARDHANA SWAMY

W/O. JAGANNATH PUTTASWAMY

AGED ABOUT 40 YEARS,

R/AT NO.MIG 199, K BLOCK,

6 ^TH C MAIN, RAMAKRISHNANAGAR,

MYSORE - 570 001.

... RESPONDENT

(BY SRI SUDHIR M. GORANAKOLLA, ADVOCATE)

THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY

COURTS

ACT

AGAINST

THE

JUDGMENT

AND

DECREE

DATED:02.04.2019 PASSED IN MC NO.4/2016 ON THE FILE OF

THE FIRST ADDITIONAL PRL. JUDGE, FAMILY COURT, MYSURU,

DISMISSING THE PETITION FILED BY THE PETITIONER UNDER

SECTION 13(1)(i-a)(i-b) OF HINDU MARRIAGE ACT.

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THIS

APPEAL

COMING

ON

FOR

HEARING

ON

INTERLOCUTORY APPLICATION THIS DAY, NAGARATHNA J.,

DELIVERED THE FOLLOWING:-

J U D G M E N T

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.

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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 may be allowed

and the impugned judgment and decree may be set aside.

They submitted that the parties are present before this

Court and they have no objection for the impugned

judgment and decree to be set aside.

5. The parties are present before this Court and they

have been identified by their respective counsel.

6. When queried by this Court, the parties stated

that they have indeed agreed that their marriage be

dissolved by a decree of divorce by mutual consent. They

have submitted that they have come to such an agreement

on their own free volition without there being any coercion

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or undue influence from any side. They also stated that

they would abide by the settlement and the appeal may be

disposed of in terms of the settlement arrived at between

them

7.

Learned counsel for appellant submitted that a

sum of Rs.17,00,000/- has been paid towards permanent

alimony to the respondent by Demand Draft bearing

No.086376 drawn on State Bank of India, Chandra Layout

Branch, Bengaluru, dated 25/01/2021, in favour of the

respondent.

8.

Memorandum of settlement arrived at between

the parties under Section 13B(1) of the Act is taken on

record. It is noted that te same is signed by the respective

parties and their advocates. It is supported by a joint

affidavit. The terms of settlement read as under:-

"MEMORANDUM OF APPLICATION UNDER

SECTION 13(2)(B) OF THE HINDU

MARRIAGE ACT, 1955

The appellant and respondent above named

submits as follows:-

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1.

That the marriage of the appellant with

the respondent was solemnized on 03.03.2002

as per H