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2017 DIGILAW 363 (KAR)

D. Sunil Kumar S/o. D. Neelakantappa v. V. Aruna W/o. D. Sunil Kumar

2017-02-07

SREENIVAS HARISH KUMAR, VINEET KOTHARI

body2017
JUDGMENT : 1. This appeal was filed by the appellant husband, D. Sunil Kumar against the respondent-wife, Smt. V. Aruna, aggrieved by the order passed by the learned Prl. Judge, Family Court, Bellary, in Matrimonial Case No.191/2013 D. Sunil Kumar vs. Smt. V. Aruna, on 10.02.2014, rejecting the divorce petition filed by the appellant-husband. 2. During the pendency of the present appeal, the learned counsels today, have produced before us a Memo dated 07.02.2017 and have submitted before us that the parties have arrived at a mutual settlement of their matrimonial dispute and in terms of the said settlement the parties have agreed to part ways and the appellant-husband has agreed to pay a sum of Rs.12,00,000/-, as permanent alimony, to the respondent-wife. The demand drafts No.205406 and 205407 for Rs.3,00,000/- and Rs.9,00,000/-, drawn on Corporation Bank, Ballari, in favour of respondent-Smt. V. Aruna, have been handed over to the respondent-wife, Smt. V. Aruna, which she has accepted and given acknowledgement. 3. Both the parties are present in the Court and in token of their presence here, they have signed the order sheet and were duly identified by their respective counsels. 4. Accordingly, the present appeal is disposed of as withdrawn as prayed with a liberty and direction to the parties to approach the learned Family Court, Ballari, by moving appropriate petition under Section 13-B of the Hindu Marriage Act, 1955, (‘the Act’, for short) seeking a divorce decree by mutual consent and upon such petition being filed, the learned Family Court is directed to pass appropriate decree of divorce waiving off the waiting period of six months in terms of Section 13-B of the Act. Ordered accordingly. 5. The amount deposited in terms of the interim orders passed by this Court on account of maintenance and which is said to be lying deposited with the Registry of this Court may be disbursed in favour of the respondent-wife, Smt. V. Aruna, by a cheque to be drawn by the Registry of this Court after obtaining the acknowledgement from her. 6. The record of the Court below will be transmitted back to the learned Family Court, for proceeding further in the matter.