SUPREME COURT OF INDIA

Before:- S.B. Majmudar and D.P. Mohapatra, JJ.

Civil Appeals No. 5562 of 1999, Arising out of SLP (C) No. 7417 of 1998, with No. 5563 of 1999, Arising out of SLP (C) No. 7372 of 1998. D/d. 24.9.1999.

Rajiv R. Hiremath - Appellant

Versus

UMA (Smt) - Respondent

Hindu Marriage Act, 1955, Section 13B - Constitution of India, Article 136 - Appeal in matrimonial dispute - Conversion of appeal into petition for divorce by mutual consent - Parties presenting agreement of compromise before Supreme Court indicating wish to obtain divorce by mutual consent and also that issue of alimony had been amicably settled - Petition for divorce to be converted into a petition under Section 13B of the Hindu Marriage Act, 1955 for divorce by mutual consent and appropriate orders were to be passed by the Family Court at Bangalore for dissolving the marriage.

[Para 2]

ORDER

Civil Appeal No. 5563 of 1999 [arising out of SLP (C) No. 7372 of 1998]

S.B. Majmudar, J. - Leave granted.

2. There is a happy development in this appeal wherein the appellant husband claims a decree for divorce against the respondent wife. We are not required to go into the merits of the controversy between the parties in view of the fact that both the parties have mutually settled their dispute and have agreed to get a decree of divorce by mutual consent in the light of the terms mentioned in the agreement of compromise dated 23-9-1999. We take the agreement of compromise on record and note that both the parties who are present before this Court have agreed to abide by the said consent terms and get a decree of divorce by mutual consent and it is also stated by their counsel that whatever amount was to be received by the respondent wife towards the full and final settlement of permanent alimony is also received by the respondent wife. We note these statements made by learned counsel for the parties. Under these circumstances, it would be appropriate to direct the office to send the original agreement of compromise filed before this Court to the Family Court, Bangalore for consideration of the Hindu marriage petition being MC No. 1315 of 1987. A copy of the agreement be retained on the file of this case. The order passed by the High Court of Karnataka in MFA No. 697 of 1991 is set aside and also the order of the Family Court, Bangalore, dated 2-1-1991 and the proceedings before the Family Court being MC No. 1315 of 1987 are restored to the file of the Family Court at Bangalore. The Hindu marriage petition will be converted into a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act and appropriate orders will be passed by the Family Court, Bangalore for dissolving the marriage of the parties by mutual consent and the said petition will be disposed of accordingly. For that purpose, both the sides will present themselves in support of the consent terms produced before us on 25-10-1999, before the Family Court, Bangalore. The Family Court, Bangalore will proceed to deal with the petition in accordance with law and pass appropriate order granting divorce by mutual consent of the parties at the earliest.

3. The appeal is allowed accordingly. No costs.

Civil Appeal No. 5562 of 1999 [arising out of SLP (C) No. 7417 of 1998]

4. Leave granted.

5. As the parties have settled their dispute, the appeal is allowed by consent and the remand order passed by the High Court is set aside and the order dated 8-2-1992 passed by the Family Court, Pune is also set aside. The Hindu marriage petition filed in the Family Court, Pune will stand dismissed in view of the fact that the parties have agreed for divorce by mutual consent as noted by us in the companion matter.

6. The appeal is accordingly allowed.

7. No costs.

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