IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JANUARY 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR MFA NO.2127 OF 2015 (FC) BETWEEN:
MRS.MANISH BAJPE W/O MR. B.MADHUKAR AGED ABOUT 27 YEARS, H-43, "KRISHNA"
FIRST MAIN, MANJUNATH LAYOUT, MANGAMANA PALYA, BOMMANAHALLI, BANGALORE - 560 068. ... APPELLANT (BY SRI.K.SHASHIKANTH PRASAD, ADV.) AND:
1. MR.MADHUKAR.B S/O MR. B.UMESH KUMAR, AGED ABOUT 34 YEARS, CIVIL ENGINEER, NO-107, IRISH APARTMENT, BEJAI NEW ROAD, MANGALORE - 575 003.
2. MR.NITHIN S/O MR.DINKAR AMIN MAJOR, "MANJUSHREE ULLALA – 574, 159 MANGALORE TALUK. ... RESPONDENTS (BY SRI.P.P.HEGDE, ADV. FOR SRI.B N SURESH, ADV. FOR C/R1) THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT DATED:16.01.2015 PASSED ON MC NO.29/2013 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA KANNADA, MANGALORE, ALLOWING THE PETITION FILED U/S 13(1)(I)(I-A) OF THE HINDU MARRIAGE ACT.
THIS MFA COMING ON FOR ORDERS, THIS DAY, NARAYANA SWAMY J., DELIVERED THE FOLLOWING:
O R D E R The husband filed petition before the Family Court, Dakshina Kannada under Section 13(1)(i), (i-a) of the Hindu Marriage Act, 1955 which came to be disposed of on 16th January 2015 dissolving the marriage between the parties. Against the same, the wife preferred appeal before this Court and this Court referred the matter to Mediation Centre. After having processed the case of the respective parties in mediation, it has been submitted before the Court on 12th October, 2018 that the parties have resolved their disputes and the decree of divorce was ordered by the Family Court in terms of the settlement arrived at between the parties.
2. The learned counsel for the respondent-husband undertakes to comply with the settlement terms.
3. It is submitted by both the learned counsel that this appeal may be disposed of in terms of the mediation report. Recording the submissions made by both the learned counsel, and having gone through the mediation report, we hold that the appeal is to be disposed of in terms of the mediation report. The respondent-husband is directed to comply with the terms of settlement within a period of ten days. Liberty is also reserved to the appellant-wife to file a memo seeking to revive this appeal, if the terms of settlement is not complied with in terms of the mediation report. Order of the family court stands modified. Registry to draw decree accordingly.
Sd/- JUDGE Sd/- JUDGE lnn