IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 7th DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S.G.PANDIT MISCELLANEOUS FIRST APPEAL NO.10110 OF 2013 (FC) BETWEEN:
SMT APARNA W/O.V.MURTHY # 1171/1, BAJJANNA LANE CHAMRAJAPURAM MYSURU-5.
... APPELLANT (BY SMT.NANDITA HALDIPUR, ADVOCATE) AND:
V.MURTHY S/O.P.VISHWANTHAN MAJOR #13, MUNISWAMAPPA LAYOUT OLD MADRAS ROAD CROSS ULSOOR BENGALURU – 8.
... RESPONDENT (BY SMT.SHALINI JOHN, ADVOCATE FOR C/R.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 02.09.2013 PASSED IN M.C.NO.1064 of 2006 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED U/S 13(1) (i-a) & (i-b) OF HINDU MARRIAGE ACT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT A memorandum of Agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is filed in the Court.
2. Both the parties are present and are identified by their respective Counsels. They have arrived on various terms and conditions. Appellant’s counsel acknowledges the receipt of demand draft of Rs.4,00,000/-.
3. On considering the same, we are of the view that it is in the interest of both the parties and it is a lawful settlement. Hence, the appeal is allowed. The impugned judgment and decree dated 02.09.2013 passed by the I Additional Principal Judge, Family Court, Bengaluru in M.C.No.1064 of 2006 is modified in terms of the settlement.
The office is directed to draw the decree accordingly.
Sd/- Sd/-
JUDGE JUDGE VMB