K.B. HARIPRASAD Vs. PUSHPAVATHI

JUDGEMENT

(1.) This appeal is listed for Admission.

(2.) The appellant is the husband while respondent is the wife. The appellant - husband had filed a petition under Section 13 (1)(i-b) of the Hindu Marriage Act, 1955 (hereinafter referred as 'the Act' for the sake of brevity) in MC No. 22/2013 on the file of the Senior Civil Judge at Madikeri dated 2nd January 2016 seeking dissolution of the marriage with the respondent - wife by a decree of divorce. The said petition came to be dismissed. Being aggrieved, the husband has preferred this appeal.

(3.) The learned Counsel for the respective parties submit that during the pendency of this appeal the parties have negotiated a settlement and have decided that the marriage between them may be dissolved by way of a decree of divorce on mutual consent. The petition under Section 13-B(1) of the Act has been filed and terms are set out therein. It is supported by a joint affidavit. They further submitted that the stipulation under Section 13-B(2) of the Act are complied with as the parties are residing separately from the year 2013 and there is no possibility of reconciliation between them and it is not possible for the parties to co-habit together. Therefore, they have filed the petition seeking dissolution of the marriage by a decree of divorce by mutual consent. The said petition is supported by the affidavit of the parties. The learned Counsel for respective parties further submitted that they have filed an application under Section 13-B (2) of the Act seeking waiver of six months period stipulated under sub-Section (2) of Section 13-B of the Act, having regard to the dictum of the Hon'ble Supreme Court in the case of Amardeep Singh v. Harveen Kaur reported in (2017) 8 SCC 746. They contended that the said application may be allowed and the appeal may be disposed in terms of the petition filed by the parties under Section 13-B(1) of the Act.