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.8474/2014 (FC) BETWEEN :
Sri J. Ramesh Babu S/o Jayaramu Aged about 47 years R/at No.55/1, Laksmi Nilaya, Netravati Layout, K.R. Puram, Bengaluru.
(By Sri Arun Bhat, Adv.) 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.
… Appellant … Respondent (By Smt. Mamatha Shetty, Adv.) 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.446/2013 on the file of the Judge, Additional Family Court, Mysore, dismissing the petition filed under Section 13(1) (ia) & (ib) of the Hindu Marriage Act, for dissolution of marriage.
This MFA coming on for admission this day, Jayant Patel, J., delivered the following:-
O R D E R The present appeal is directed against the judgment and the decree dated 6.11.2014 passed by the Family Court, Mysore, in MC.No.446/2013, whereby the petition for dissolution of marriage was dismissed.
2. When we have taken up the matter, Mr.Arun Bhat, learned counsel appearing for the appellant and Ms.Mamatha Shetty, learned counsel for the respondent have tendered compromise arrived at between the appellant and the respondent under Order XXIII Rule 3 of CPC. The appellant as well as the respondent are present before the Court. The learned advocates for both sides pray that this Court may record the compromise and the appeal be allowed in terms of the compromise. It has been further stated that as a proof of identity of the appellant as well as the respondent, copies of the Aadhar card Nos.977041823594 and 350341117464 are produced.
3. The appellant as well as the respondent who are also identified by their respective learned advocates have declared before us that they have voluntarily signed the compromise and there is no force or pressure on them. Learned counsel for the parties have declared before us that they have simultaneously signed the compromise together with appellant and the respondent.
4. It appears to us that it is essentially a dispute between the appellant and the respondent, namely husband and wife. As parties have amicably settled the dispute as per the terms of compromise, the same can be allowed to operate. No adverse circumstances are brought to the notice of the Court.
Under the circumstances, the judgment and decree of the lower Court in MC.No.446/2013, dated 6.11.2014 is set aside. Appeal is allowed in terms of the compromise. Decree accordingly. No order as to costs.
In view of disposal of the appeal, I.A.No.1/2015 is disposed of.
Sd/- JUDGE Sd/- JUDGE *ck/-