IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. JUSTICE L NARAYANA SWAMY AND THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO. 8224 OF 2016 (FC) BETWEEN:
SRI. BHARAT SHETTY AGED ABOUT 41 YEARS S/O BHASKAR SHETTY RESIDING AT NO.240 7TH MAIN, 5TH CROSS 1ST FLOOR, VIVEK NAGAR ABOVE FREEDA SERVICE CENTRE BENGALURU- 560047. …APPELLANT (BY SRI. VENKATESH R BHAGAT, ADVOCATE) AND:
SMT. M.S. DINANKA SHETTY AGED ABOUT 38 YEARS W/O BHARAT SHETTY D/O SRI RAGHU V. SHETTY RESIDING AT # 25, GANDHI GRAM RAGHAVENDRA NILAYA 1ST MAIN, MARUTHI EXTENSION BENGALURU- 560021. ...RESPONDENT (BY SMT. BHARATHI M , ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, 1964 AGAINST THE JUDGMENT AND DECREE DATED:20/10/2016 PASSED IN MC NO.3124/2010 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED U/S 13(1)(ia)& (ib) OF HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, ASHOK G. NIJAGANNAVAR J., DELIVERED THE FOLLOWING:
JUDGMENT The appellant who is the husband has preferred the appeal against the judgment and order dated 20.10.2016 allowing the petition under Section 13(i)(ia) and (ib) of the Hindu Marriage Act.
2. The counsel for the appellant submits that immediately after filing of this M.C. petition before the Family Court the matter was referred to the Mediation Centre for negotiation. The negotiation had taken place, but due to non appearance of the respondent – wife before the Family court, the same could not be recorded as such the petition was dismissed. Being aggrieved by the said order, the appeal was preferred before this Court.
3. Both the parties are present before the Court and have filed joint affidavit wherein it is stated that they have settled their dispute in M.C. No.3124/2010 before the Mediation Centre. Both the parties have prayed that an order be passed in terms of the joint affidavit and as per the terms of settlement agreed before the Mediation Centre.
4. Learned counsel for the appellant submitted that the matter was settled before the Mediation Centre for payment of a sum of Rs.15,00,000/- to the wife. Now, the matter is again settled for Rs.19,00,000/-. Earlier
before the Court and the balance Rs.3 lakh would be paid to the wife in Crl.P.No.8451/2015.
5. Both the parties present before the Court are identified by their counsel and have submitted that they have agreed for the settlement before the Mediation Centre and as per the terms stated in the joint affidavit. In view of the submission of the parties and the counsel, the joint affidavit is taken on record. Accordingly, the appeal is disposed of in terms of the affidavit and the report of the Mediation Centre.
6. The judgment and order dated 20.10.2016 passed by the Additional Family Court in MC No.3124/2010 is set aside. The petition filed under Section 13(i)(ia)(ib) of Hindu Marriage Act is allowed. The marriage held on 17.05.2009 at Hotel Woodlands, Rajaram Mohan Roy Road, Bangalore between the husband and wife stands dissolved by decree of divorce.
7. Registry is directed to draw the decree accordingly.
Sd/- JUDGE Sd/- JUDGE ykl