Appellate courts may allow divorce by mutual consent under Section 13B of the Hindu Marriage Act read with Order XXIII Rule 3 of the Code of Civil Procedure when parties settle matrimonial disputes amicably during the pendency of an appeal.

THIS MFA IS FILED U/S 19(1) OF FC ACT AGAINST THE JUDGMENT AND DECREE DATED 13.08.2019 PASSED IN MC NO.614/2017 ON THE FILE OF THE I ADDITIONAL PRL. JUDGE, FAMILY COURT, MYSURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF HINDU MARRIAGE ACT.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

1. The present appeal has been filed under Section 19(1) of the Family Courts Act, 1984 impugning the judgment and decree passed by the I Additional Prl. Judge, Family Court, Mysuru in M.C.No.614/2017 whereby the Family Court has allowed the petition filed by the respondent/husband on the ground of cruelty and desertion, thereby dissolving the marriage solemnized between the parties on 16.01.2015.

2. During the pendency of this appeal, on the advice of family members and well-wishers, the parties to the appeal have settled their dispute amicably. Consequently, the parties have filed a joint/compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 R/w Section 13B of the Hindu Marriage Act, 1955 in the presence of their respective advocates which is also countersigned by their learned advocates. The terms of the joint/compromise petition reads as under:

"3. During the pendency of the above appeal the lis between the parties has been amicably settled and due to the intervention of well wishers the parties have agreed to part ways amicably by getting a decree of divorce by mutual consent and accordingly the appellant and the respondent pray that this Hon'ble court be pleased to dissolve the marriage of the appellant and the respondent with the decree of mutual consent of divorce.

4. Hence, in pursuance of the same the respondent has agreed to pay an amount of rupees Ten lakhs by way of permanent alimony and accordingly the respondent has paid an amount of rupees nine lakhs by way of demand draft bearing No.244110 dated 03/06/2026 drawn on Bank, drawn in favour of the appellant, and paid an amount of rupees one lakh in cash and the appellant acknowledges the receipt of the same.

5. Further the respective parties have exchanged all the gold jewellery which were bestowed upon them at the time of marriage. Hence, the appellant has received her golden jewellery from the respondent and the respondent has also received the golden jewellery from the appellant. Hence, the parties admit that they do not have any claim against each other except the amount of permanent alimony paid by the respondent to the appellant.

6. In view of the above said settlement between the parties it is respectfully prayed that this Hon'ble court be pleased to receive the above petition on record and pass appropriate orders dissolving the marriage of the appellant and the respondent.

7. Both the appellant and the respondent state that there is no force, fraud, msi-representation etc., in arriving at this compromise and that this compromise petition has been executed with their own free will and volition.

Wherefore, the appellant and the respondent pray that this Hon'ble court be pleased to pass a judgment and decree by

1) Dissolving the marriage dated 16/01/2015 solemnized at Bharathi Convention Hall, Mysuru, by mutual consent divorce.

2) Pass such other order/orders as this Hon'ble court deems fit under the facts and circumstances of the case, in the interest of justice and equity."

3. In terms of settlement arrived at between the parties, the respondent/husband has handed over Demand Draft bearing No.244110 dated 03.06.2026 for a sum of Rs.9,00,000/- (Rupees Nine Lakhs only), drawn in favour of the appellant/wife and has handed over