VEDASHREE Vs. B.G. DEEPAK KUMAR

JUDGEMENT

(1.) These appeals are listed for admission. They are filed by the wife assailing the judgment and decree dtd. 11/10/2013, passed by the VI Additional Principal Judge, Family Court at Bengaluru, in M.C.No. 1323/2011 and the judgment and decree passed by the very same Court in M.C.No.308/2009.

(2.) M.C.No.1323/2011 was filed by the appellant/wife under Sec. 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for the sake of brevity) seeking restitution of conjugal rights. By the Judgment and decree dtd. 11/10/2013, the Family Court at Bengaluru rejected the said petition. M.C.No.308/2009 was filed by the respondent/husband under Sec. 13(1)(i-a) of the said Act seeking dissolution of marriage between the parties solemnized on 17/04/2006, as per Hindu rites and customs at N.A.K. Kalyana Mantapa, Mysore Road, Bengaluru. By the judgment and decree dtd. 11/10/2013, the said petition was allowed. Hence, these appeals have been preferred by the wife/appellant.

(3.) Learned counsel for the respective parties submitted that during the pendency of these appeals, the parties have decided to resolve their differences and come to a settlement. As a result, they have filed a petition under Sec. 13B(1) of the Act seeking dissolution of their marriage by a decree of divorce by mutual consent subject to certain terms and conditions. The parties were married in the year 2006 and they have been living separately since the year 2009. That there is no possibility of a reconciliation between them nor would they cohabit together in future. Hence, an application has been filed under Sec. 13B(2) of the Act seeking waiver of the period of six months stipulated therein so that the dissolution of marriage by a decree of divorce may be granted immediately.