Karnataka High Court
Sudharani W/O Ravi Salagare vs Ravi S/O Appanna Salagare on 5 March, 2018
Bench: A.S.Bopanna, S G Pandit
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF MARCH, 2018
PRESENT
THE HON'BLE MR.JUSTICE A.S.BOPANNA
AND
THE HON'BLE JUSTICE S.G.PANDIT
M.F.A.No.100739/2017 (MC)
BETWEEN
SUDHARANI W/O RAVI SALAGARE
AGE: 28 YEARS, OCC: HOUSEHOLD
R/O: DIGGEWADI-591 297
TQ: RAIBAG, DIST: BELAGAVI.
... APPELLANT
(BY SRI. M G NAGANURI, ADV.)
AND
RAVI S/O APPANNA SALAGARE
AGE: 36 YEARS,
OCC: AGRICULTURE,
R/O: DIGGEWADI-591 297,
TQ: RAIBAG, DIST: BELAGAVI.
... RESPONDENT
(BY SRI. RAJASHEKHAR BURJI, ADV.)
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THIS MFA IS FILED U/S.28 OF THE HINDU
MARRIAGE ACT, 1955, AGAINST THE JUDGMENT AND
AWARD DATED 04.01.2017 PASSED IN MC NO.8/2016
ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, RAIBAG,
REJECTING THE PETITION FILED U/S 13(1)(1a) OF THE
HINDU MARRIAGE ACT, 1955.
THIS APPEAL COMING ON FOR ADMISSION, THIS
DAY, A.S.BOPANNA, J., DELIVERED THE FOLLOWING:
JUDGMENT
The appellant- wife is before this Court in this appeal assailing the order dated 4/1/2017 passed in M.C.No.8/2016.
2. The petition before the Court below is under Section 13(1)(ia) of the Hindu Marriage Act. The parties had put forth their contentions therein and the Court below having analysed the evidence available before it, has rejected the petition filed by the appellant-wife. It is in that circumstance, the appellant-wife is before this Court in this appeal.
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3. During the pendendcy of the appeal, the parties have agreed on certain terms. In that regard, the petition under Order XXIII Rule 3 of CPC is filed.
4. A perusal of the compromise petition would disclose that in view of the continuing differences between them, they have agreed to have the marriage dissolved subject to the terms agreed therein. The criminal case which is filed by the appellant herein and pending consideration is agreed to be withdrawn.
5. In that view of the matter, on an enquiry from the parties present before this Court, they admit to the terms agreed therein. Though the compromise petition under Order XXIII Rule 3 of CPC is filed before this Court, it is in the nature of the mutual petition for dissolution which in any event is required to be filed before the Court having original jurisdiction to entertain the said petition. Therefore, the compromise petition though taken on record, the liberty in that regard to file :4: petition under Section 13B of the Hindu Marriage Act is to be reserved to the parties herein. Since the petition before the Court below was filed in the year 2016 and at this stage, since the parties have arrived at a conclusion that the marriage is to be dissolved and in that light if the petition under Section 13B of the Hindu Marriage Act is filed, the time spent in this litigation is necessary to be taken note by the Court below, if an application seeking waiver of the waiting period is sought before it. Hence, reserving such liberty to the parties herein to file petition under Section 13B of the Hindu Marriage Act, accompanied by application seeking waiver of the waiting period, the instant appeal is disposed of in terms of the compromise entered into between the parties.
Sd/-
JUDGE Sd/-
JUDGE Vmb