Karnataka High Court
Umesh S/O Mallayya Mathad @ Hiremath vs Smt.Rajeshwari W/O Umesh Matad on 22 August, 2022
Author: S G Pandit
Bench: S G Pandit
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MFA No. 103489 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF AUGUST, 2022
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 103489/2018 (MC)
BETWEEN:
UMESH S/O MALLAYYA MATHAD @ HIREMATH,
AGE:39 YEARS, OCC:PRIVATE WORK,
R/ODESAI WADA, JAMKHANDI,
DIST:BAGALKOT.
- APPELLANT
(BY SRI. SANJAY CHANAL, ADVOCATE)
AND:
SMT.RAJESHWARI W/O UMESH MATAD,
AGE:32 YEARS, OCC:HOUSEHOLD,
R/O C/O GURUBASAYYA S PUJAR @ MUDHOLMATH,
AT POST:KANABUR, TAI & DIST:VIJAYAPUR 587117.
- RESPONDENT
(BY SRI. A.P. MURARI, ADVOCATE)
THIS MFA IS FILED U/S 28 OF HINDU MARRIAGE ACT, 1956
AGAINST THE JUDGMENT DATED 14.08.2018 PASSED IN M.C. NO.
14/2010 BY THE LEARNED PRL. SENIOR CIVIL JUDGE,
VINAYAKA JAMAKHANDI & ETC.
BV
Digitally signed by
THIS MFA COMING ON FOR ADMISSION THIS DAY, ANANT
VINAYAKA B V
Location: High
Court of Karnataka,
Dharwad Bench
RAMANATH HEGDE, J, PASSED THE FOLLOWING:
Dharwad.
Date: 2022.08.24
10:37:06 +0530
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MFA No. 103489 of 2018
ORDER
Heard the learned Advocate appearing for the appellant and the learned Advocate appearing for the respondent.
2. Both the appellant and respondent are before this Court. The husband who sought dissolution of marriage before the learned Senior Civil Judge, Jamkhandi, in M.C. No. 14/2010, is questioning the judgment and decree dismissing his petition.
3. The parties are present before the Court and the matter was referred to mediation to workout amicable settlement. Parties appeared before the Mediator and after discussion and negotiation the matter was settled before the learned Mediator.
4. Learned Mediator Sri Laxman T. Mantagani has submitted his report and in terms of the report submitted by the Mediator the parties have also filed application under Section 13B of the Hindu Marriage Act seeking dissolution of marriage on mutual terms. The terms and conditions incorporated in the application under Section 13B of the Act are identical to the terms and conditions incorporated in the mediation report.
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5. From the terms and conditions it is apparent that the parties have been living separately for more than ten years. It is also forthcoming in the application filed under Section 13B of the Act that the parties are not in a position to resume of their marital relationship. The respondent-wife has agreed to receive Rs. 14 lakhs offered by the appellant-husband towards permanent alimony and the amount has been received and the details of payment have been incorporated in paragraph no.1 of the compromise petition as well as in paragraph no.1(a) of the mediation report.
6. The Court has made necessary enquiry with the parties who submitted that there is no chance of resumption of marital relationship. They have also submitted that they have no children from the marriage. Since there is no chance of resumption of marital relationship and also in view of the fact that the husband has paid and the wife has received an amount of Rs.14 lakhs towards permanent alimony giving up all her claims, this Court finds that there is no impediment to accept the application filed under Section 13B of the Act which is filed pursuant to the mediation report.
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7. Further, paragraph no. 4 of the application filed under Section 13B of the Act reveals that the appellant has agreed to return the utensils to the respondent on or before the third week of August, 2022. The submission is made before the Court that the appellant is going to return the utensils within a week from today. The respondent-wife would accept the proposal and she has agreed to receive the utensils. Appellant to return the utensils within a week from today, as undertaken.
8. In the application filed under Section 13B of the Act, the parties have also made a plea to waive off six months period to accept the Section 13B application. Since the petition seeking dissolution of marriage was filed in the year 2010, it is apparent that the parties have been living separately for the last 13 years. Under the circumstances, this Court is of the view that no purpose would be served by keeping the application alive for six months. Accordingly, the said period is waived off.
9. For the foregoing reasons, we pass the following order. -5- MFA No. 103489 of 2018
ORDER Appeal is allowed in terms of the mediation report and in terms of the compromise petition filed by the parties under Section 13B of the Hindu Marriage Act.
Consequently, the marriage solemnized on 27.04.2009 between the appellant and the respondent is dissolved.
Terms incorporated in the application under Section 13B of the Act as well as mediation report shall form part of the decree.
Registry is directed to draw decree accordingly.
SD JUDGE SD JUDGE BVV