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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF JULY, 2021

PRESENT

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

AND

THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

M.F.A. No.7818/2016 [FC]

C/w.

M.F.A. No.2704/2018 [FC]

IN M.F.A. No.7818/2016

BETWEEN:

SMT. MAMATHA .B.C

W/O. SUBHASH @ SUBHASHANDRA GANIGERA,

AGED ABOUT 29 YEARS,

R/AT NO.5, BASAVESHWARA NILAYA,

GOPALAPPA LAYOUT,

PAPIREDDY PALYA,

NAGARABHAVI 2^ND STAGE,

BANGALORE – 560 072.

... APPELLANT

(BY SRI. B.B. BALLARI, ADVOCATE)

AND:

SUBHASH @ SUBHASHANDRA GANIGERA,

S/O. RAMANNA GANEGERA,

AGED ABOUT 42 YEARS,

R/O. BADARADINNI,

BILAGI TALUK,

BAGALKOT DISTRICT – 587 116.

... RESPONDENT

(BY SRI. PRAKASH SALMANI, ADVOCATE)

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

COURTS ACT, 1984, AGAINST THE JUDGMENT AND DECREE

DATED 30.07.2016 PASSED IN M.C.NO.4636/2012 ON THE FILE

OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,

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BENGALURU,

DISMISSING

THE

PETITION

FILED

UNDER

SECTION 9 OF THE HINDU MARRIAGE ACT, 1955.

IN M.F.A. No.2704/2018

BETWEEN:

SRI. SUBHASH @ SUBHASHCHANDRA GANEGERA

S/O. RAMANNA GANEGERA,

AGED ABOUT 44 YEARS,

R/AT BADARADINNI,

BILAGI TALUK,

BAGALAKOTE DISTRICT – 587 116.

... APPELLANT

(BY SRI. PRAKASH SALMANI, ADVOCATE)

AND:

SMT. MAMATHA .B.C

SRI. SUBHASH @ SUBHASHCHANDRA GANEGERA

AGED ABOUT 31 YEARS,

R/AT NO.5, BASAVESHWARA NILAYA,

GOPALAPPA LAYOUT, PAPIREDDY PALYA,

NAGARABHAVI 2^ND STAGE,

BENGALURU – 560 072.

... RESPONDENT

(BY SRI. B.B. BALLARI, ADVOCATE)

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

FAMILY COURT ACT, 1984, AGAINST THE JUDGMENT AND

DECREE DATED 30.07.2016 PASSED ON M.C.NO.4362/2013 ON

THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY

COURT, BENGALURU, DISMISSING THE PETITION FILED

UNDER SECTION 13(1)(ib) OF THE HINDU MARRIAGE ACT,

1955.

THESE APPEALS COMING ON FOR ADMISSION THIS DAY,

NAGARATHNA J., DELIVERED THE FOLLOWING:

J U D G M E N T

Though these appeals are listed for admission,

learned counsel for the respective parties in the presence

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of the parties submitted that the parties have agreed to

dissolve their marriage by a decree of divorce by mutual

consent by filing a petition under Section 13B(1) of the

Hindu Marriage Act, 1955 (hereinafter referred to as “the

Act” for the sake of brevity) and application under Section

13B(2) of the said Act seeking waiver of the cooling period

of six months under the said Act.

2.

Learned counsel for the respective parties

submitted that the said petition and application may be

allowed and these appeals may be disposed of accordingly.

3.

M.F.A.No.7818/2016

is

filed

by

the

wife

assailing the judgment and decree dated 30/07/2016,

passed by the V Additional Principal Judge, Family Court at

Bengaluru, in M.C.No.4636/2012, seeking restitution of

conjugal rights under Section 9 of the Act. Being

aggrieved by the dismissal of the said petition, wife has

preferred this appeal.

M.F.A.No.2704/2018 is filed by the husband being

aggrieved

by

the

dismissal

of

his

petition

in

M.C.No,4362/2013 filed under Section 13(1)(ib) of the Act

seeking dissolution of marriage solemnized between the

parties on 25/05/1997 at Badaradinni Village, Bilagi Taluk,

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Bagalkot District, by a common judgment passed along

with M.C.No.4636/2012.

We have heard Sri B.B. Ballari, learned counsel for

the wife and Sri Prakash Salmani, learned counsel for the

husband in these appeals.

4.

As stated earlier, during the pendency of these

appeals, the parties have negotiated a settlement and

have resolved to set at naught the disputes between them.

They have also resolved to seek dissolution of their

marriage by a decree of divorce by mutual consent.

Therefore, the petition under Section 13B(1) and the

application under Section 13B(2) of the Act has been filed.

5.

The parties are present before the Court. They

have been identified b