Indian Kanoon - Search engine for Indian Law

3. After hearing the matter for sometime at the request of learned counsel for the parties, the matter was adjourned to explore the possibility of amicable settlement. Subsequently, the dispute came to be settled with the intervention of well-wishers and the counsel for both the parties.

4. Though the present appeal is directed against the granting of restitution of conjugal rights, the parties have filed memorandum of petition under Section 13B(1) of the Act seeking for divorce by mutual consent and the same is accepted in view of the pendency of the dispute since 2012 and to resolve the dispute between the parties and the petition filed under Section 13B(1) of the Act be treated as petition filed under Section 23 of the Act.

ix) Both the Petitioners further state that there has been no collusion, threat or force, fraud or any undue influence in entering into this settlement and filing for divorce by mutual consent.

x) Both the petitioners state and agreed that they shall not interfere in the lives of each other in future.

6. The parties have also filed I.A.No.1/2022 under Section 13B(2) of the Act seeking to waive off the compulsory waiting period. Taking note of the pendency of the present appeal for a considerable period of time, case is made out for waiving the mandatory waiting period. In light of the settlement arrived at between the parties, who are seeking for divorce by mutual consent, waiting period as stated in I.A. No.1/2022 is waived off. The terms as contained at para-3 of IA No.1/2022 read thus:

Accordingly, IA No.1/2022 is allowed.

7. In view of the settlement arrived at between the parties, the memorandum of petition filed by the parties under Section 13B(1) of the Act is accepted. In terms thereof, the husband has agreed to pay a sum of Rs.5,50,000/- as permanent alimony to the wife towards full and final settlement and a Demand Draft bearing No.155358 for a sum of Rs.5,50,000/- drawn on Canara Bank is handed over to the wife and same is acknowledged by her. Further, in terms of the settlement, the husband has opened Fixed Deposit for a sum of Rs.5,50,000/- in the name of his minor daughter Kumari Nagaratna Gurusangappa Unki, who is also known as Akshata for a period of 10 years. However, records show that her birth name is Nagaratna and hence, the Deposit receipt has been taken in the name of Nagaratna Gurusangappa Unki and same is handed over to her mother. The child Nagaratna Gurusangappa Unki is present before this Court and her presence is noted.

8. In view of the settlement arrived at between the parties, the amount of Rs.25,000/- to be deposited as directed by this Court vide order dated 09.12.2019 in the name of Nagaratna Gurusangappa Unki who is also known as Kumari. Akshata is hereby waived off.

9. In view of the above, the impugned judgment and decree dated 18.8.2014 in MC No.8/2012 on the file of the learned Prl. Senior Civil Judge & CJM, Haveri is hereby set- aside. In terms of the memorandum of petition filed under Section 13B(1) of the Act, the appeal stands disposed off. The marriage solemnized between the parties on 21.04.2008 at Rudramuneshwara Kalyana Mantap, Bankapur Town, Shiggaon Taluk, Haveri District is hereby dissolved by a decree of divorce by way of mutual consent.