Smt Mahalakshmi H R @ Nirmala vs Sri Anand Kumar N A
2021 Latest Caselaw 5404 Kant

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  IN THE HIGH COURT OF KARNATAKA, BENGALURU

   DATED THIS THE 3RD DAY OF DECEMBER, 2021

                        BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO. 27693 OF 2018(GM-FC)
BETWEEN:

SMT. MAHALAKSHMI H R @ NIRMALA,
WIFE OF ANAND KUMAR N A,
AGED ABOUT 29 YEARS,
RESIDING AT NELADIMMANAHALLI VILLAGE,
BRAMHASANDRA POST,
KALLAMBELLA HOBLI,
SIRA TALUK,
TUMKUR DISTRICT - 572 125.
                                        ...PETITIONER
(BY SRI. NARENDRA BABU H L, ADVOCATE FOR
    SRI. SIDDAMALLAPPA P M, ADVOCATE)

AND:

SRI. ANAND KUMAR N A,
SON OF ANJANAPPA,
AGED ABOUT 34 YEARS,
RESIDING AT NELADIMMANAHALLI VILLAGE,
BRAMHASANDRA POST,
KALLAMBELLA HOBLI,
SIRA TALUK,
TUMKUR DISTRICT - 572 125.
                                    ... RESPONDENTS
(BY SRI. C S HIREMATH, ADVOCATE)

       THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED JUDGMENT AND DECREE DATED 26.02.2018
PASSED BY THE LEARNED JUDGE OF THE FAMILY COURT IN
M.C.NO.13/2018, AS PER ANNEXURE-E.

       THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
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                           ORDER

Both the sides have filed a Joint memo dated

30.11.2021 seeking settlement of the dispute in terms

thereof. The short Joint Memo reads as under:

"The petition and Respondent beg to submit as follows:

1. The petitioner and Respondent submit that, they are residing together and leading matrimonial life happily from the marriage till today. The said order for consent divorce is not enforced even after the decree of consent divorce. In view of the above said circumstance, Petitioner and Respondent are leading happy matrimonial life with two children.

Hence, the respondent prays this Hon'ble Court to allow the writ petition filed by the petitioner and to set aside the impugned judgment and decree dated 26.02.2018 passed by the Principal Family Court, Tumakur. Hence, this joint memo, in the interest of justice and equity."(sic)

There is no reason to doubt the bona fide of the

version emerging from the Joint Memo. There is no

impediment in law or on facts for disposing this matter in

terms of the settlement.

Petition is disposed off accordingly and the impugned

Judgment & Decree are set at naught, costs having been

made easy.

Sd/-

JUDGE Bsv