- 1 - NC: 2025:KHC-K:2468-DB MFA No. 200846 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO.200846 OF 2024 (MC) BETWEEN: SRI. SHIVARAJ S/O RAMAKRISHNA HYATI, AGE: 34 YEARS, OCC: PRIVATE EMPLOYEE, R/O HANUMAN NAGAR CAMP, TQ. SINDHANUR, DIST. RAICHUR-584124. …APPELLANT (BY SRI MAHANTESH PATIL, ADVOCATE) AND: SMT. LAXMI @ MAHALAXMI W/O SHIVARAJ (D/O LATE NAGAPPA JAMAPUR) AGE: 26 YEARS, OCC: HOUSEHOLD, R/O SALONI KARATAGI, DIST. KOPPAL-583231. …RESPONDENT (BY SRI PRASHANT WAJANTRI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28 OF HINDU MARRAIGE ACT, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 03.01.2024 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2468-DB MFA No. 200846 of 2024 SINDHANUR IN M.C.NO.47/2022 AND CONSEQUENTIALLY ALLOW THE PETITION UNDER SECTION 12 OF THE HINDU MARRIAGE ACT AS PRAYED IN THE TRIAL COURT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K NATARAJAN) This appeal is filed by the appellant/husband for setting aside the judgment dated 03.01.2024 passed by the learned Senior Civil Judge and JMFC, Sindhanur in M.C.No.47/2022 for having dismissed the petition filed by the appellant under Section 12 of the Hindu Marriage Act for dissolving the marriage of the appellant with the respondent solemnized on 06.01.2021, on the ground of non-consummation of marriage. 2. During the pendency of the appeal, the appellant and the respondent appeared before this Court. The respondent appeared through counsel Sri Prashant Wajantri. Learned counsel for the parties have filed a joint - 3 - NC: 2025:KHC-K:2468-DB MFA No. 200846 of 2024 memo. It is stated in the joint memo that they have settled their issues. The appellant is stated to have paid Rs.1,25,000/- by cash to the respondent towards permanent alimony. It is also stated at para-5 that the appellant has returned the gold ornaments and clothes and other material to the respondent. The respondent, who is present before the Court, submits that the decree of divorce can be granted by mutual consent. 3. In view of the submission made by the learned counsel for the parties and the petition filed by the appellant before the Family Court on the ground that there was no consummation of marriage solemnized between the appellant and the respondent and thereafter they have not at all lived together for long time i.e., almost for more than four years 3 months, therefore, when the marriage is irretrievably broken down, there is no chance of re-union among them and in view of non-consummation of marriage itself, question of dismissing the petition filed for dissolving the marriage does not arise. Therefore, the - 4 - NC: 2025:KHC-K:2468-DB MFA No. 200846 of 2024 parties are permitted to compromise the case by converting the said petition into petition under Section 13B of the Hindu Marriage Act. In view of the settlement, we proceed to pass the following: ORDER (i) The appeal is disposed of. (ii) The marriage solemnized between the appellant and the respondent on 06.01.2021 at Kanaka Basava Kalyana Mantap, Karatagi is hereby dissolved. Office to draw decree accordingly. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE SWK List No.: 1 Sl No.: 13 CT:SI