SAPNA Vs. NARESH NAKUL SOMANACHE

JUDGEMENT

(1.) Present appeal is filed against the dismissal of the petition filed under Sec. 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955, wherein the appellant had sought for dissolution of the matrimonial relationship with the respondent, which came to be dismissed. As against the said order of the Family Court, present appeal has been filed.

(2.) During the pendency of the present proceedings, upon suggestion of the Court to the parties who were present, the matter is resolved. Today, both parties along with their counsel are present before the Court and they submit that they have amicably resolved their dispute and to that effect they have filed a petition under Sec. 13-B(1) of the Hindu Marriage Act, 1955 (for short, 'Act') and sought for dissolution of the matrimonial relationship by dissolving marriage solemnized on 19/4/1998 at Danamma Mangal Karyalaya, Shahapur, Taluk and District of Belagavi and pass decree of divorce on mutual consent. The contents of the said petition reads as under:

(3.) Since the month of November - 2010 both the Appellant and the Respondent have been residing separately and there is no cohabitation or any type of relation between the Appellant and Respondent. Thereafter, the appellant has filed the petition for Divorce before the Judge, Family Court, Belagavi in M.C. No 308/2014 on the grounds of cruelty and desertion. But the Hon'ble Judge, Family Court, Belagavi dismissed the said M.C. No 308/2014 by the Judgment and Decree, dtd.: 1/12/2015.