- 1 - NC: 2025:KHC-D:6735-DB MFA No. 104524 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.104524 OF 2024 (FC) BETWEEN: SWAPNIL S/O. DEEPAK GITE, AGE. 33 YEARS, OCC. SERVICE, R/O. PLOT NO.6, KRISHNA RESIDENCY, NEAR SANKALP BHUMI RESORT, PARVATI NAGAR, BELAGAVI-590006. …APPELLANT (BY SRI. KIRAN ANGADI, ADVOCATE) AND: PRIYANKA W/O. SWAPNIL GITE, AGE. 27 YEARS, OCC. SERVICE, R/O. H.NO.1308, SPS NAGAR, II STAGE, ‘B’ BLOCK, DAVANAGERE-577001. …RESPONDENT (BY SRI. VEERESH H.M., ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT 1984, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 03.08.2023 PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI IN M.C.NO.447/2022 AND THEREBY GRANTING DIVORCE AS PRAYED FOR BY THE APPELLANT IN THE SAID CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6735-DB MFA No. 104524 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) Learned counsel for the appellant and learned counsel for the respondent are present. The appellant and respondent are also present before the Court and they are identified by their respective counsels. 2. The parties have filed a petition under Section 13(1)(i-a) of the Hindu Marriage Act, 19551, seeking for dissolution of marriage by mutual consent. The parties have also filed an application under Section 13B(1) of the Act. 3. The marriage between the parties was solemnized on 26.11.2020 and they have been living separately since 15.02.2024. The appellant/husband filed M.C No.195/2021 for restitution of conjugal rights, which was dismissed as withdrawn on 16.03.2023. 4. On 28.09.2022 M.C No.447/2022 was filed by the appellant/husband under Section 13(1)(i-a) of the Act, on the file of Principal Judge, Family Court, Belagavi2. The wife remained ex parte before the Family Court. The Family Court, 1 Hereinafter referred to as the ‘Act’ 2 Hereinafter referred to as the ‘Family Court’ - 3 - NC: 2025:KHC-D:6735-DB MFA No. 104524 of 2024 vide judgment dated 03.08.2023, dismissed the petition. Being aggrieved, the present appeal is filed. 5. In the application filed under Section 13B(1) of the Act, both the parties have stated that the marriage has irretrievably broken down and it is not possible for them to live together as husband and wife. It is further stated that there are no possibilities for chances of reconciliation between the parties. Hence, the parties have placed on record that they have decided to dissolve their marriage by mutual consent. It is further placed on record that the respondent/wife is working and earning on her own and is not claiming any sort of alimony and that there are no claims by either of the parties against one another. The parties have also sought for divorce under Section 13B(1) of the Act. 6. Both the parties state that they have voluntarily filed the applications under Section 13B(1) of the Act and they have understood the terms mentioned therein, inter alia, seeking for divorce by mutual consent. 7. In view of the fact that the parties have been residing separately for more than 4 years and the proceedings before - 4 - NC: 2025:KHC-D:6735-DB MFA No. 104524 of 2024 the Family Court was filed about 3 years ago, as also having regard to the fact that they have filed the present petition, seeking for grant of divorce by mutual consent, the applications filed under Section 13B(1) of the Act is allowed. 8. Hence, the appeal shall stands disposed of. The marriage solemnized between the parties shall stand dissolved by a decree of divorce by mutual consent. 9. Registry to draw decree accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP CT: UMD List No.: 3 Sl No.: 1