Karnataka High Court
Smt Prasanna.A vs Sri K Sreenivas on 30 July, 2024
-1-
NC: 2024:KHC:30028-DB
MFA No. 6231 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
MISCELLANEOUS FIRST APPEAL NO. 6231 OF 2021 (FC)
BETWEEN:
SMT PRASANNA. A
W/O SRI. K. SREENIVAS
AGED ABOUT 31 YEARS
RESIDING AT NO. 3-62
NISSINKAPURAM VILLAGE
PALASAMUDRAM MANDAL
CHITTOOR DISTRICT
ANDHRA PRADESH - 517 599.
REPRESENTED BY HER SPA HOLDER
SMT. A. PRATHIMA
W/O OF S. YASHWANTH
AGED ABOUT 25 YEARS
RESIDING AT NO. 240,
2ND FLOOR, 27TH CROSS
POORNAPRAGNA LAYOUT,
BANGALORE - 560 061.
Digitally signed by KORLAHALLI
BHARATHIDEVIKRISHNACHARYA
Location: HIGH COURT OF
...APPELLANT
KARNATAKA
(BY SRI. K.S KARTHIK KIRAN., ADVOCATE FOR
SRI. KAPIL DIXIT., ADVOCATE)
AND:
SRI. K. SREENIVAS
S/O RAMESH NAIDU
AGED ABOUT 37 YEARS,
RESIDING AT NO. 10/8,
4TH MAIN, 11TH CROSS,
SRINIVASA NAGARA,
BENGALURU - 560 050.
...RESPONDENT
(BY SRI. HARISH KUMAR M S., ADVOCATE)
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NC: 2024:KHC:30028-DB
MFA No. 6231 of 2021
THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURTS ACT,
AGAINST THE JUDGMENT AND DECREE DT.05.10.2021 PASSED IN
MC NO.6175/2018 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL
JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION
FILED UNDER SECTION 13(1)(i-a) OF THE HINDU MARRIAGE ACT,
1955.
THIS APPEAL COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
and
HON'BLE MR JUSTICE UMESH M ADIGA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE UMESH M ADIGA) Learned counsel for both parties are present. Both appellant, as well as respondent are physically present in the Court.
2. A joint compromise application - IA.No.1/2024 is filed under Order XXIII Rule 3 of Civil Procedure Code, read with Section 13-B of Hindu Marriage Act, 1955, along with joint affidavit filed by both the parties.
3. On enquiry with both parties, they submit that they have read the contents of the compromise petition and accepted the terms of the same. -3-
NC: 2024:KHC:30028-DB MFA No. 6231 of 2021
4. Learned counsel for both the parties submit that, instead of divorce granted by the Family Court under Section 13 (1)(i-a) of the Hindu Marriage Act, it shall be converted into a consent divorce under Section 13-B of Hindu Marriage Act. In view of consent of both parties, the same is accepted.
The Appeal is disposed of in terms of the joint affidavit of compromise filed by both the parties.
Draw award accordingly.
Sd/-
(SREENIVAS HARISH KUMAR) JUDGE Sd/-
(UMESH M ADIGA) JUDGE bk/ List No.: 2 Sl No.: 1