IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 21ST 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.4411 OF 2015 (FC) BETWEEN:
SRI MARUTHI SON OF LATE T. H. ASHOKRAJ, AGED ABOUT 34 YEARS, RESIDING AT NO.809/8, BALAJI NILAYA, PISALE COMPOUND, R.B. ROAD, DAVANAGERE-577 002.
(BY SRI P. NATARAJU, ADVOCATE) AND:
SMT. SWATHI @ NETHRAVATHI WIFE OF MARUTHI A., AGED ABOUT 26 YEARS, CARE OF KANAKAVVARA SRI DHARMARAJ SALAKATTE VILLAGE, DEVARABELAKERE POST, HARIHARA TALUK, DAVANAGERE DISTRICT-577 601. (BY SRI N. SRINIVAS, ADVOCATE) ... APPELLANT ... RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED 22.04.2015 PASSED IN M.C. NO.252 OF 2013 ON THE FILE OF THE JUDGE, FAMILY COURT, DAVANGERE, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(i-b) OF THE HINDU MARRIAGE ACT.
***** THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The parties are present before the Court.
2. A report has been received from the Bengaluru Mediation Centre, Bengaluru. They have enclosed a memo 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. In terms whereof, the appellant-husband and the respondent-wife have entered into a settlement on various terms and conditions. Having accepted the same, we are of the view that the agreement is in the interest of the parties.
3. The agreement of settlement is accepted. The marriage of the appellant with the respondent solemnized on 06.11.2009, at Togataveera Kalyanamantapa, Davanagere, is hereby dissolved.
4. The counsel for the respondent-wife submits that a sum of Rs.10,60,000/- (Rupees Ten Lakh Sixty Thousand Only) has been paid to the respondent-wife.
The appeal is disposed off and the order dated 22.04.2015, passed by the Civil Judge, Family court, Davangere, in M.C.No.252 of 2013 is modified accordingly.
Sd/- Sd/-
JUDGE JUDGE JJ