IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 7TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO.9766 OF 2017 CONNECTED WITH MISCELLANEOUS FIRST APPEAL NO.720 OF 2018 (FC) IN M.F.A. NO.9766 OF 2017:
BETWEEN:
SHANKAR. C AGED ABOUT 35 YEARS, SON OF D. CHAYAPATHI, RESIDING AT NO.6, OLD ORENT LINE, CORAMANDAL POST, KGF-563 115.
... APPELLANT (BY MS. SHREYA S. KUMARI, ADVOCATE FOR SRI SIJI MALAYIL, ADVOCATE) AND:
SUMALATHA M. G. AGED ABOUT 30 YEARS, WIFE OF SHANKAR, NO.145, 3RD CROSS, RESIDING AT SUBASH NAGAR, NELAMANGALA-562 123.
(BY SRI N. DINESH RAO, ADVOCATE) ... RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT 1984, AGAINST THE JUDGMENT AND DECREE DATED 30.10.2017, PASSED IN M.C.NO.1750 OF 2012, ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia) AND 13 (i)(iv) OF HINDU MARRIAGE ACT.
IN M.F.A. NO.720 OF 2018: BETWEEN:
SHANKAR. C AGED ABOUT 35 YEARS, SON OF D. CHAYAPATHI, PRESENTLY RESIDING AT NO.6, OLD ORENT LINE, CORAMANDAL POST, KGF-563 115.
... APPELLANT (BY MS. SHREYA S. KUMARI, ADVOCATE FOR SRI SIJI MALAYIL, ADVOCATE) AND:
SUMALATHA M. G. AGED ABOUT 30 YEARS, WIFE OF SHANKAR, NO.145, 3RD CROSS, RESIDING AT SUBASH NAGAR, NELAMANGALA-562 123.
... RESPONDENT (BY SRI N. DINESH RAO, ADVOCATE FOR C/R) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT 1984, AGAINST THE JUDGMENT AND DECREE DATED 30.10.2017 PASSED IN M.C.NO.3854 OF 2012 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT.
***** THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT It is in view of the settlement arrived at, the parties have filed a compromise of settlement under Section 89 of Code of Civil Procedure read with Rules 24 & 25 of the Karnataka Civil Procedure(Mediation)Rules, 2005, The same is in the interest of both the parties. Hence, these appeals are accordingly disposed off in terms of the memorandum of settlement.
The II Additional Principal Judge, Family Court, Bengaluru is directed to consider the settlement with regard to the waiver of six months period.
Sd/- Sd/-
JUDGE JUDGE Rsk/-