IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th 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. 7319/2014 (FC) BETWEEN:
SRI SANJAY M.S. S/O SHIVALINGAIAH AGED ABOUT 31 YEARS R/AT NO.43, 12TH MAIN TEMPLE STREET RAGHAVENDRA EXTENSION SRINAGAR BANGALORE-560050.
… APPELLANT (BY SRI. NAVEENNANDA D.T, ADVOCATE) AND:
SMT. T. MAMATHA W/O SANJAY M.S AGED ABOUT 30 YEARS R/AT NO.250, 4TH CROSS PRAMODA LAYOUT PANTHARAPALYA NAYANDAHALLI POST BANGALORE-560 039.
… RESPONDENT (BY M/S N.R. NAIK & ASSOCIATES, ADVOCATES) THIS APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 25.09.2014 PASSED IN M.C.NO.3237/2012 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BANGALORE DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, FOR DISSOLUTION OF MARRIAGE.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, B.S.PATIL J., DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by the appellant - husband challenging the judgment and decree passed by the Principal Judge, Family Court, Bengaluru dated 25.09.2014 in M.C.No.3237/2012 dismissing the petition filed by appellant seeking dissolution of marriage.
2. Respondent – wife has filed Crl.Misc.No.640/2015 against appellant under Section 125 Cr.P.C. Said matter was referred for mediation to the Bangalore Mediation Centre. Parties have settled their disputes through the help of a skilled mediator. Learned counsel appearing for both parties submit that parties have filed a memorandum of settlement in Crl.Misc.640/2015 and same is pending.
3. In the present appeal, both parties have filed a compromise petition under Order 23 Rule 3 CPC read with Section 13-B of the Hindu Marriage Act, 1955. Both parties are present before Court and are identified by their respective counsel. They reiterate the settlement reached between them stating that they have duly signed the compromise petition/petition filed under Section 13-B of the Hindu Marriage Act, 1955 for divorce by mutual consent.
4. This appeal has been pending since 2014.
Matrimonial case was instituted before Court below in the year 2012. We are convinced that parties are not able to reconcile their difference and live together. Consent expressed by them seeking divorce by mutual consent is being genuine, deserves to be accepted.
5. Respondent – wife acknowledges receipt of DD bearing No.955840 dated 12.12.2017 for Rs.4,50,000/- drawn on State Bank of India and DD bearing No.502163 dated 13.12.2017 for Rs.50,000/- drawn on ICICI Bank and Rs.25,000/- by way of cash towards full and final settlement of her claim regarding permanent alimony.
6. Placing the compromise petition filed under Order 23 Rule 3 CPC read with Section 13-B of the Hindu Marriage Act, 1955 on record and in terms of the compromise, marriage solemnized between appellant and respondent on 09.03.2008 at Sri Appayyanna Kalyana Mantapa, No.11, 2nd Main Road, Attiguppe, Vijayanagar 2nd Stage, Bangalore is hereby dissolved by mutual consent of the parties.
Appeal is accordingly disposed of.
Registry is directed to draw the decree accordingly.
SD/- JUDGE SD/- JUDGE *sp