IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23RD DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO.6721 OF 2015 BETWEEN:
SANGEETHA KHANNA DAUGHTER OF BALARAM KHANNA, WIFE OF VINOD RAMLU BHYA MALHOTRA AGED ABOUT 42 YEARS, RESIDING AT NO.32, AYYAPPA AT NO.32 AYYAPPA TEMPLE BLOCK, 6TH CROSS, VIVEKNAGAR, BENGALURU– 560 047.
... APPELLANT (BY SRI. G. KRISHNA MURTHY, SENIOR ADVOCATE FOR SRI. M JAGADEESH, ADVOCATE) AND:
VINOD RAMLU BHYA MALHOTRA SON OF RAMLU BHYA MALHOTRA AGED ABOUT 60 YEARS RESIDING AT NO.B403, MANTHRI CLASSIC 4TH BLOCK, S T BED, KORAMANGALA BENGALURU - 560 034.
... RESPONDENT BY SRI. RAJ PRABHU S., ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT READ WITH SECTION 28 OF THE HINDU MARRIAGE ACT AGAINST THE JUDGMENT AND DECREE DATED 11.08.2015 PASSED IN M.C.NO.5024 OF 2014 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, C/C OF V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia) OF HINDU MARRIAGE ACT.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT A compromise petition is filed under Section 13-B of the Hindu Marriage Act, 1955 read with Order 23 Rule 3 of Code of Civil Procedure, 1908. The same is signed by the appellant, respondent and their respective counsels. They are present in Court and are identified by their respective counsels. We have read the terms and conditions therein. In the interest of both the parties, the compromise petition is accepted.
2. Furthermore, in pursuant to Clause 9(c) of the compromise petition, an affidavit is filed by Mrs. Gurmeet Singh reiterating the contentions of the compromise petition and agreeing to comply with the terms as mentioned in para – 9(c) of the compromise petition. She is also present in Court and is identified by her counsel- Sri Raj Prabhu S.
3. Consequently, the order dated 11.08.2015 passed in M.C. No.5024 of 2014 by the V Additional Principal Judge, Family Court, Bengaluru, is set aside. The marriage between the appellant and the respondent solemnized on 1.3.1998, is dissolved. The appeal is allowed in terms of the compromise petition as well as the additional affidavit filed in Court.
SD/- SD/-
JUDGE JUDGE SA