- 1 - HC-KAR NC: 2025:KHC-D:7809-DB MFA No. 100053 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO.100053 OF 2024 (FC) BETWEEN: SMT. VIJAYALAXMI W/O BASAYYA MATHAPATI, AGE: 34 YEARS, OCC. HOUSEWIFE, R/O. C/O. MAHANTESH ERAYYA, KAMBI, MUGADA, DHARWAD-580 007. - APPELLANT (BY SRI. VEERESH GADAD, ADVOCATE) AND: SRI. BASAYYA S/O SANGAYYA MATHAPATI, AGE: 38 YEARS, OCC. PRIVATE WORK, R/O. NESARAGI, TQ. BAILHONGAL, DIST. BELAGAVI-591121. - RESPONDENT (BY SRI. I.Y. PATIL, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.19 (1) OF THE FAMILY COURT ACT 1984, AGAINST THE JUDGMENT AND DECREE DATED 05.08.2023, PASSED IN MATRIMONIAL CASE NO.239/2022 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT DHARWAD, DISMISSING THE PETITION FILED U/SEC. 13(1)(ia)OF THE HINDU MARRIAGE ACT, 1955 & ETC. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.24 10:07:47 +0530 - 2 - HC-KAR NC: 2025:KHC-D:7809-DB MFA No. 100053 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The appellant had filed a petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955, with a prayer to grant decree of divorce and to dissolve the marriage between the appellant and the respondent herein performed on 21.06.2014. Petition being dismissed, appellant has filed this miscellaneous first appeal. 2. On the previous date of hearing, this Court having heard the learned counsels for the appellant and the respondent found that the parties were agreeable to get the marriage dissolved by mutual consent and accordingly the parties were permitted to file necessary applications. 3. Accordingly parties have filed two applications, both u/S 13-B(2) of the Hindu Marriage Act, to waive off the minimum period of six months stipulated under the Act and for dissolution of marriage by mutual consent. The parties have agreed that they have given their consent - 3 - HC-KAR NC: 2025:KHC-D:7809-DB MFA No. 100053 of 2024 without any undue influence or force on them. The parties have agreed that they have no claim whatsoever against each other, including no claim for alimony/ permanent alimony at the hands of the appellant and the respondent. 4. Having regard to the above, this Court is satisfied that the appellant and the respondent are not in a position to live with each other and accordingly they have sought for divorce by mutual consent. This Court having satisfied itself that the parties have filed the applications without any undue influence and in fact at the advice of this Court, both the applications are allowed. Accordingly, this Court proceeds to pass the following: ORDER (i) Petition filed u/S 13-B(2) of the Hindu Marriage Act is allowed; (ii) The marriage between the parties herein which was solemnized on 21.06.2014 in Hanabarahatti village, Bailhongal Taluk, Belagavi District, stands dissolved by this order; - 4 - HC-KAR NC: 2025:KHC-D:7809-DB MFA No. 100053 of 2024 (iii) No order as to costs; (iv) Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 24