Smt. Parvati W/O. Gundappa Bommasagar, vs Sri. Gundappa, S/O. Sangappa ... on 17 September, 2018

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Karnataka High Court

Smt. Parvati W/O. Gundappa Bommasagar, vs Sri. Gundappa, S/O. Sangappa ... on 17 September, 2018

Equivalent citations: AIRONLINE 2018 KAR 2125

Bench: H.T.Narendra Prasad

                              -1-
                                       MFA No.101283 of 2017




           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

     DATED THIS THE 17TH DAY OF SEPTEMBER 2018

                          PRESENT

         THE HON'BLE MR. JUSTICE H.G.RAMESH

                             AND

  THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

MISCELLANEOUS FIRST APPEAL No.101283 of 2017 (MC)


  BETWEEN:

  SMT. PARVATI
  W/O. GUNDAPPA BOMMASAGAR,
  AGE: 41 YEARS, OCC:HOUSE HOLD WORK,
  R/O: TALIKOTE, TALUK: MUDDEBIHAL,
  DISTRICT: BIJAPUR.
                                               ... APPELLANT
  (By Sri. J.S. SHETTY, ADVOCATE)


  AND:

  SRI. GUNDAPPA,
  S/O. SANGAPPA BOMMASAGAR,
  AGE: 54 YEARS, OCCUPATION: COOLIE,
  R/O: ILKAL, TALUK: HUNUGUND,
  DISTRICT: BAGALKOT.
                                             ... RESPONDENT
  (By Sri. D.M. BANDI, ADVOCATE )


       THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
  SECTION 28 OF THE HINDU MARRIAGE ACT AGAINST THE
  JUDGEMENT AND DECREE DATED 03.03.2017 PASSED IN
  MATRIMONIAL CASE NO.17/2016 BY THE SENIOR CIVIL JUDGE
                               -2-
                                         MFA No.101283 of 2017




AND JUDICIAL MAGISTRATE FIRST CLASS, HUNGUND,
ALLOWING THE PETITION FILED U/SEC. 13B OF THE HINDU
MARRIAGE ACT-1955.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, H.G. RAMESH J., DELIVERED THE
FOLLOWING:

                        JUDGMENT

H.G.RAMESH, J. (Oral):

This appeal is directed against the judgment and decree dated 3rd March 2017 passed in M.C. No.17 of 2016 by the Court of the Senior Civil Judge, Hungund in exercise of the power under Section 13B of the Hindu Marriage Act, 1955 (the 'Act', for short). Operative portion of the order reads as under:

"Petition filed by the petitioners U/s.13(B) of Hindu Marriage Act 1955 is hereby allowed. The marriage of petitioner No.1 and 2 stated to be solemnized on 04.06.2009 is dissolved, by way of decree of divorce.

Parties are directed to bear their own cost. Draw decree accordingly."

2. We have heard the learned counsel for the parties and perused the impugned judgment. -3- MFA No.101283 of 2017

3. It is stated that the petition for grant of divorce by mutual consent was filed on June 10, 2016 and the impugned order granting the decree of divorce was passed on March 3, 2017. The decree of divorce was passed after six months and before eighteen months from the date of presentation of the petition. Therefore, the contention of the learned counsel for the appellant that the order is violative of sub-section (2) of Section 13B of the Act is devoid of merit. The appeal is accordingly dismissed. In view of dismissal of the appeal, I.A.1 of 2017 filed for interim stay also stands dismissed.

Appeal dismissed.

Sd/-

JUDGE Sd/-

JUDGE Kmv

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