SRI. SURESH S Vs. SMT. LAKSHMI

JUDGEMENT

(1.) These appeals are listed to consider the petition filed by the parties under Section 13B(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act '), as the parties have filed the said petition along with an application under Section 13B(2) of the Act, seeking dissolution of their marriage by a decree of divorce by a mutual consent.

(2.) M.F.A.No.9125/2017 is filed against the common judgment and decree passed in M.C.No.3794/2010 assailing the grant of decree of restitution of conjugal right in favour of the respondent/wife, while M.F.A.No.9126/2017 is filed against the judgment and decree of dismissal of the divorce petition filed by the appellant/husband in M.C.No.2444/2014. By a common judgment and decrees passed in the aforesaid petitions, learned II Additional Principal Judge, Family Court at Bengaluru, dated 23.10.2017 has allowed the petition filed by the respondent/wife under Section 9 of the Act, while dismissing the petition filed by the appellant/husband under Section 13(1)(ia) of the Act. Hence, the husband being aggrieved by the said judgment and decrees has preferred these appeals.

(3.) Learned counsel for the respective parties submitted that during the pendency of these appeals, the parties have negotiated a settlement and they have decided to dissolve their marriage by a decree of divorce by a mutual consent on certain terms and conditions. That the petition has been filed under Section 13B(1) of the Act, which is supported by the affidavits of the parties. They have also filed an application under Section 13B(2) of the Act seeking waiver of the statutory period of six months stipulated under the said provision and the decree of divorce by a mutual consent be granted by this Court.