IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF AUGUST, 2017 PRESENT THE HON’BLE MR.JUSTICE JAYANT PATEL AND THE HON’BLE MR.JUSTICE B.A. PATIL M.F.A. NO.8475/2014 (FC) BETWEEN :
Sri J. Ramesh Babu Aged about 47 years, R/at No.287 12th Cross, Vijayanagar Railway layout, Mysore.
(By Sri Arun Bhat, Advocate) AND :
Smt. S. Saraswathi W/o Sri J. Ramesh Babu Aged about 37 years R/at 2437 4th Cross, 4th Main, Paduvarahalli Vinayakanagara, Mysore-12.
(By Smt. Mamatha Shetty, Adv.) … Appellant … Respondent This MFA is filed under Section 19(1) of the Family Courts Act, 1984 against the judgment and decree dated 06.11.2014 passed in M.C.No.329/2009 on the file of the Judge, Additional Family Court, Mysore, allowing the petition filed under Section 9 of the Hindu Marriage Act, for Restitution of Conjugal Rights.
This MFA coming on for admission this day, Jayant Patel, J., delivered the following:-
O R D E R The present appeal has been preferred by the appellant- husband against the judgment and decree passed by the Family Court, Mysore, in MC.No.329/2009, whereby the restitution of conjugal rights was ordered.
2. It may be recorded that simultaneously the appellant-husband had also filed MC.No.446/2013 for decree of divorce. But the said petition was dismissed by the common order of the Family Court, against which separate appeal is preferred by the appellant-husband in MFA.No.8474/2014. In MFA.No.8474/2014, today the compromise is tendered and this Court has allowed the appeal in terms of the said compromise.
3. Under circumstances, the appellant has tendered the memo for withdrawal of the present appeal since question of restitution of rights would not arise as the parties have agreed for divorce as per the terms of the compromise and the decree is also ordered by this Court accordingly. The said memo is taken on record.
Hence, the appeal shall stand disposed of as not pressed as it has become infructuous.
Sd/- JUDGE Sd/- JUDGE *ck/-