Mr Sunil Abraham Solomon vs Mrs Nishitha Helouis Salian
2021 Latest Caselaw 1152 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 18TH DAY OF JANUARY, 2021

                        PRESENT

          THE HON'BLE MRS.JUSTICE S.SUJATHA

                           AND

           THE HON'BLE MR. JUSTICE M.I.ARUN

                M.F.A.No.1726/2017 (IDA)

BETWEEN :

Mr. SUNIL ABRAHAM SOLOMON
S/O Mr. WILSON SOLOMON,
AGED ABOUT 36 YEARS,
R/AT NO.123, 3RD CROSS,
KASTURINAGAR, BANGALORE-560043                 ...APPELLANT

                (BY SMT.RAMA R. IYER, ADV.)

AND :

Mrs. NISHITHA HELOUIS SALIAN
W/O W.SUNIL ABRAHAM SOLOMON,
AGED ABOUT 36 YEARS,
R/AT NO.311, 1ST FLOOR,
SHIVAKRUPALAYA, 3RD D MAIN,
OMBR LAYOUT, BANGALORE-560043                 ...RESPONDENT

                 (BY SRI ASHOK K.L., ADV.)

     THIS M.F.A. IS FILED UNDER SECTION 54(1) OF THE
INDIAN DIVORCE ACT, AGAINST THE JUDGMENT AND DECREE
DATED 08.07.2016 PASSED IN M.C.No.1231/2012 ON THE FILE
OF THE PRINCIPAL JUDGE, FAMILY COURT, BANGALORE,
DISMISSING THE PETITION FILED UNDER SECTION 10(1)(vii) OF
THE DIVORCE ACT.
                         -2-

      THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
S. SUJATHA, J., DELIVERED THE FOLLOWING:

                    JUDGMENT

In this appeal, the appellant has challenged the

judgment and decree dated 08.07.2016 passed in

M.C.No.1231/2012 by the Principal Judge, Family

Court, Bangalore, wherein the petition filed by the

petitioner/appellant under Section 10(1)(vii) of the

Divorce Act, 1869 has been dismissed.

2. Both the parties to the present appeal

proceedings have filed affidavits duly signed by the

parties identified by their respective learned counsel

representing the matter before the Court. Both the

parties have declared that they have arrived at a

settlement and have agreed for divorce through mutual

consent as their marriage has irretrievably broken down

and there is no possibility of them living together.

3. The said affidavits are placed on record.

4. In terms of the affidavits filed by both the

parties, the impugned judgment and decree dated

08.07.2016 passed in M.C.No.1231/2012 by the

Principal Judge, Family Court, Bangalore, is set aside.

The marriage solemnized between the appellant and

respondent on 09.12.2010 at St. Marks Cathedral

Church, Bengaluru is dissolved by mutual consent by a

decree of divorce as per the affidavits filed by the parties

as aforesaid.

The appeal stands disposed of in terms of the

affidavits filed by the parties as aforesaid.

Draw modified decree accordingly.

All pending I.As. stand disposed of accordingly.

Sd/-

JUDGE

Sd/-

JUDGE PMR