- 1 - NC: 2025:KHC-D:3044-DB MFA No. 102613 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 102613 OF 2023 (MC) BETWEEN: SMT SHWETA W/O. AVINASH DESAI, AGE:37 YEARS OCC: PROGRAM MANAGER, AT GERMANY, R/O. 3510, BAAD, PATNIKERI NANDANGADA, KARWAR-583212 - APPELLANT (BY SRI. R. H. ANGADI, ADVOCATE) AND: AVINASH DESAI S/O. RAJANIKANT DESAI, AGE: 39 YEARS, OCC: NIL, R/O: 729/S, 25/9TH CROSS, 9TH MAIN, 2ND STAGE, HEBBAL, MYSORE, PRESENTLY R/O: DESAI WADA NEAR SHIVANATH TEMPLE, MOODAGERI, KARWAR-583 212. - RESPONDENT (BY SRI. M. C. HUKKERI, ADVOCATE FOR SRI. VENKATESH M. KHARVI, ADVOCATE) THIS MISCELLENAOUS FIRST APPEAL FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT. PRAYING TO, SET ASIDE THE IMPUGNED JUDGMENT AND ORDER DATED 15.04.2023 PASSED IN MC.NO.24/2020 BY THE ADDL. SENIOR CIVIL JUDGE, KARWAR AND CONSEQUENTLY ALLOW THE PETITION FILED BY APPELLANT UNDER SECTION 13(1) (IA) OF HINDU MARRIAGE ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE JUDGMENT THEREIN AS UNDER: Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3044-DB MFA No. 102613 of 2023 CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is as against the dismissal of the petition by the appellant under Section 13[1][i-a] of the Hindu Marriage Act,1955, in M.C.No.24/2020 on the file of the Additional Senior Civil Judge, Karwar [ for short, “the Family Court”]. The appellant’s petition is dismissed by the impugned order dated 15.04.2023. 2. On 24.01.2025, both Sri. R.H.Angadi, the learned counsel for the appellant, and Sri.Venkatesh N. Kharvi, the learned counsel for the respondent, were categorical that it could be that both the appellant and the respondent would file appropriate affidavits under Section 13B of the Hindu Marriage Act, 1955 essentially stating that the appellant and the respondent will withdraw all allegations against each other and the marriage could be dissolved by mutual consent without any claim against the other. - 3 - NC: 2025:KHC-D:3044-DB MFA No. 102613 of 2023 3. Presently, the respondent, who resides in Sydney, Australia, has sworn to an affidavit. It is stated on his behalf that a copy of the affidavit, which is authenticated by a Notary Public in Australia, has been sent by Email and the original is sent by courier but is yet to be received. As per the copy of the respondent’s affidavit now placed on record, he is making a request with this Court for grant of divorce [though referred to as separation] with liberty to him and to the appellant to lead independent future life. The respondent has also stated that he has sworn to an affidavit because he has difficulty in travelling to India in light of the fact that he has travelled repeatedly within a short span. 4. The appellant is present in person, and when queried, she states that she is presently residing in Germany and that she also agrees to the mutual divorce withdrawing all allegations and without any claim against the respondent. The appellant has sworn to an affidavit stating the same but in support of an application under Order XXIII Rule 3 of CPC. This application and affidavit are taken on record. The appellant has reiterated that the - 4 - NC: 2025:KHC-D:3044-DB MFA No. 102613 of 2023 marriage is irretrievably broken down and she and the respondent have agreed for divorce by mutual consent. 5. It emerges from the above that the appellant and the respondent, who were married on 03.02.2014 and who have lived initially in Australia, have separated, have been living separately for over four [4] years and they have now agreed for dissolution of marriage without claim. It is also obvious from terms now mentioned that all the requirements for dissolution of marriage by mutual consent under Section 13B are satisfied. This Court must next observe that the provision of Section 13B [2] contemplates six [6] months for dissolution from the date of the application for divorce by mutual consent, but in view of the fact that the appellant and the respondent have been living separately across continents for over four [4] years and neither lives in India and that the appellant has travelled today only for the present proceedings, circumstances are brought out to waive this period of six [6] months. In the light of the afore, the following : - 5 - NC: 2025:KHC-D:3044-DB MFA No. 102613 of 2023 ORDER i. The appeal is disposed of dissolving the marriage between the appellant and the respondent solemnized on 03.02.2014 at Sadichcha Hall, Sadashivgad, Karwar by mutual consent as is contemplated under Section 13B of the Hindu Marriage Act, 1955 without any claim as against the other. ii. The learned counsel on record for the respondent will be at liberty to file the original of the respondent’s affidavit [a copy of which is now received] with the Registry within a week from today. iii. The Office is directed to draw a decree of divorce as aforesaid. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM/CT:VG LIST NO.: 1 SL NO.: 20