IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 14TH 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.788 OF 2018 CONNECTED WITH MISCELLANEOUS FIRST APPEAL NO.787 OF 2018 (FC-DIS) IN M.F.A. NO.788 OF 2018: BETWEEN:
SRI M. H. DODDAIAH SON OF HANUMANTHARAYAPPA, AGED ABOUT 36 YEARS, RESIDING AT MACHENAHALLI VILLAGE, SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203.
(BY SRI KEMPARAJU, ADVOCATE) AND:
SMT. Y. M. PUSHPALATHA DAUGHTER OF Y. M. MARUTHI, AGED ABOUT 30 YEARS, WIFE OF M. H. DODDAIAH, PRESENTLY RESIDING AT NO.286, 17TH ‘A’ CROSS, MARATHI NILAYA, ... APPELLANT SHIVAPURA, BENGALURU-560 058.
... RESPONDENT (BY SRI GANGADHARA D. C., ADVOCATE FOR SRI M. S. HARISH KUMAR, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 27.11.2017 PASSED ON MC NO.4565 OF 2012 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE RESPONDENT FILED UNDER SECTION 9 OF HINDU MARRIAGE ACT.
IN M.F.A. NO.787 OF 2018: BETWEEN:
SRI M. H. DODDAIAH SON OF HANUMANTHARAYAPPA, AGED ABOUT 36 YEARS, RESIDING AT MACHENAHALLI VILLAGE, SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203.
(BY SRI KEMPARAJU, ADVOCATE) AND:
1. SMT. Y. M. PUSHPALATHA DAUGHTER OF Y. M. MARUTHI, ... APPELLANT AGED ABOUT 30 YEARS, WIFE OF M. H. DODDAIAH, PRESENTLY RESIDING AT NO.286, 17TH ‘A’ CROSS, MARATHI NILAYA, SHIVAPURA, BENGALURU-560 058.
2. SRI LAKSHMIPATHI SON OF MUTHURAYAPPA, AGED ABOUT 31 YEARS, RESIDING AT CHANNAVEERANAHALLI VILLAGE, SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203.
... RESPONDENTS (BY SRI GANGADHARA D. C., ADVOCATE FOR SRI M. S. HARISH KUMAR, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 27.11.2017 PASSED ON MC NO.135 OF 2013 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1) (IA) OF THE HINDU MARRIAGE ACT.
***** THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT A memorandum of agreement under Section-89 of the Code of Civil Procedure, read with Rules-24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is submitted before this Court.
2. A settlement has been arrived at by the parties, through the Bengaluru Mediation Centre, Bengaluru. Various terms have been agreed upon by both the parties. We are of the view that the settlement is in the interest of both the parties. The parties are present in the Court today and are identified by their respective counsels. In view of the same, the settlement is accepted. Accordingly, the appeal in MFA No.787 of 2018 is allowed. The order in M.C.No.135 of 2013, passed by the Vth Additional Principal Judge, Family Court, Bengaluru, dated 27.11.2017, is set-aside.
3. Consequently, the appeal in MFA No.788 of 2018 is disposed off, in terms of the settlement. The order in M.C.No.4565 of 2012, passed by the Vth Additional Principal Judge, Family Court at Bengaluru, dated 27.11.2017 is set-aside.
Decree to be drawn accordingly.
Sd/- Sd/-
JUDGE JUDGE JJ