IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 PRESENT THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON'BLE MR. ASHOK G.NIJAGANNAVAR M.F.A. NO. 9162 OF 2017 (FC) BETWEEN:
SMT.LATHA CHOODIAH W/O SREE BALAJI AGED ABOUT 39 YEARS, R/A NO.203, 4TH ‘C’ MAIN, 2ND ‘A’ CROSS, OMBR LAYOUT, BANGALORE – 560 043.
..APPELLANT (BY SRI.RAVI, ADVOCATE) AND:
SRI.SREE BALAJI.H S/O HANUMANTHAPPA.K AGED ABOUT 39 YEARS, R/AT NO.8, 14TH CROSS, 1ST BLOCK, AKSHAYANAGAR LAYOUT, RAMAMURTHYNAGAR, BANGALORE – 560 016.
..RESPONDENT (BY SRI.ARUNA SHYAM.M, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, 1984 PRAYING TO SET-ASIDE THE DECREE DATED 11.08.2015 AT ANNEXURE-A PASSED BY VI ADDL. FAMILY COURT JUDGE, BANGALORE IN M.C.NO.2484/2013 AND SET-ASIDE ANNEXURE-B DATED 7.08.2015 AND ETC.
THIS MFA COMING ON FOR ORDERS, THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the respondent submits that the appeal filed under Section 19(2) of the Family Courts Act, 1984 is not maintainable as the decree for divorce has been granted on the basis of a settlement arrived at before the Bengaluru Mediation Centre.
2. Learned counsel for the appellant submits that permission may be granted to withdraw this appeal reserving liberty to the appellant to assail the settlement arrived at before the Bengaluru Mediation Centre, as well as the Decree of divorce, in accordance with law.
3. Recording the submission of the learned counsel for the parties, the appeal is disposed of with liberty to the appellant to either seek recalling of the said settlement arrived at before the Bengaluru Mediation Centre or avail any other remedy available, in accordance with law.
Sd/- JUDGE Sd/- JUDGE ln.