IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2017 PRESENT THE HON’BLE MR.JUSTICE B.S.PATIL AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR M.F.A.NO.2683/2012 BETWEEN SRI RAJANIKANTH H.V., S/O LATE SRI VISHWANATH H.R., AGED ABOUT 38 YEARS, R/AT NO.34, 34TH MAIN, 6TH CROSS, SAARBAVHOUMANAGAR, CHICKALASANDRA, BANGALORE-560 061. ... APPELLANT (By Sri M.P.SRIKANTH, ADV.) AND SMT.SUNITHA K., D/O SRI A.V.KAILASAM, AGED ABOUT 35 YEARS, 8TH MAIN RAOD JALAHALLI EXTENSION, VIJAYANAGAR BANGALORE-40, SMT.SUNITHA K (RBW/EOSS) ROBERT BOSCH ENGINERING AND BUSINESS SOLUTIONS, GOLD HILL SQUARE, NO.690, HOSUR ROAD, BOMMANAHALLI, BANGALORE-560 068. ... RESPONDENT (By Sri H.R.NARAYANASWAMY, ADV.) THIS MFA FILED U/S 19(1) OF THE FAMILY COURT ACT, R/W SEC.28 OF THE HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED:18.01.2012 PASSED IN M.C.NO.465/2009 ON THE FILE OF THE V ADDITIONAL JUDGE, PRINCIPAL FAMILY COURT, BANGALORE, DISMISSING THE APPLICATION FILED U/S 13(1)(i)(a) OF HINDU MARRIAGE ACT, FOR DISSOLUTION OF MARRIAGE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, B.S.PATIL J, DELIVERED THE FOLLOWING:-
JUDGMENT 1. This appeal is filed by appellant - husband under Section 19(1) of the Family Court Act read with Section 28 of the Hindu Marriage Act, 1955 (for short ‘the Act’) challenging the Judgment and decree dated 18.01.2012 passed by the 5th Additional/Principal Family Court at Bengaluru in M.C.No.465/2009 thereby dismissing the petition filed by appellant seeking dissolution of marriage on the ground of cruelty and desertion.
2. This matter has been pending before this Court since 2012. Parties have settled their dispute. They have filed a petition under Section 13-B of the Act read with Order 23 Rule 3 of CPC.
3. Both parties are present before the Court. They have set their signatures to the memorandum of petition filed under Section 13-B of the Act read with Order 23 Rule 3 of CPC. Parties are identified by their respective learned counsel. They state before the Court that though they have made several efforts to reconcile and resume their marital life, they have not been able to join each other for the last several years. It is stated by them that inspite of their best efforts made to resolve the dispute through the help and assistance of elders, the dispute could not be resolved and consequently they have agreed for dissolution of marriage by mutual consent. Indeed, the matter had been referred to Bangalore Mediation Centre for a negotiated settlement but without any success.
4. Both parties have been living separately for the last nearly seven years. They have voluntarily agreed to have their marriage dissolved by mutual consent. Wife of appellant - Sunitha has stated before the Court that she will not have any claim with regard to alimony because she is employed and that she will not raise any claim regarding maintenance as well. Respondent – wife has agreed to withdraw the criminal cases instituted by her in accordance with law. Terms of settlement agreed by and between the parties are placed on record. They are accepted as there is no legal impediment to do so.
5. Hence, we pass the following:
ORDER a. Marriage solemnised on 08.11.2006 between appellant and respondent at Parvathi Conventional Hall, Rajajinagar, Bangalore, is hereby dissolved.
b. Judgment and decree passed by the Court below in M.C.No.465/2009 dated 18.01.2012 is hereby set aside.
c. Registry is directed to draw decree recording the terms of compromise arrived between the parties.
Sd/- JUDGE Sd/- JUDGE VP