Swetha H R vs Keerthi Kumar Y N
2022 Latest Caselaw 2897 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 21ST DAY OF FEBRUARY, 2022

                       PRESENT

       THE HON'BLE MRS.JUSTICE S.SUJATHA

                          AND

    THE HON'BLE MR. JUSTICE RAVI V. HOSMANI

               M.F.A.No.2127/2020 (FC)

BETWEEN:

SWETHA H.R.,
AGED ABOUT 28 YEARS
W/O KEERTHI KUMAR Y.N.,
R/AT NO.97, 3RD MAIN
VENKATESHWARA LAYOUT
ANDRALLI MAIN ROAD
VISHANEEDAM POST
BENGALURU-560 091.
                                           ...APPELLANT

(BY SMT. RAMA R. IYER, ADVOCATE (PH))

AND:

KEERTHI KUMAR Y.N.,
AGED ABOUT 35 YEARS
S/O NAGARAJA Y.V.,
R/AT NO.117, 16TH MAIN ROAD
NEW MICO LAYOUT
HONGASANDRA
BENGALURU-560 068.
                                         ...RESPONDENT

[BY SRI. K.J.SHARAN, ADVOCATE (PH)]

    THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT,
AGAINST THE JUDGMENT AND DECREE DATED 13.11.2019
PASSED IN M.C.NO.1299/2015 ON THE FILE OF THE III
ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU,
ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia)
OF THE HINDU MARRIAGE ACT.
                            2




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


                   JUDGMENT

This appeal is directed against the judgment

and decree dated 13.11.2019, passed in M.C.

No.1299/2015 on the file of III Additional Principal

Judge, Family Court at Bengaluru.

2. In the present proceedings, the parties

have filed a compromise petition along with an

affidavit duly signed by both the parties. Both the

parties are present before the Court and they are duly

identified by their respective learned counsel.

3. Both the parties submit that they have

read over the contents of the compromise petition as

well as the affidavit and subscribed their signature on

their own volition without there being any force,

threat or undue influence in any manner, both the

parties submit that they have resolved their dispute

amicably and intend to live together as husband and

wife with their son. Appellant has undertaken to

withdraw C.Misc.No.150/2016 pending before the

Chief Judicial Magistrate, Bengaluru and the

respondent seeks permission to withdraw the

M.C.No.1299/2015 filed before the Family Court,

Bengaluru.

4. We have read over the contents of the

compromise petition. The same being lawful there is

no legal impediment for the Court to accept the same.

The compromise petition is accepted and is placed on

record.

5. In view of the aforesaid, the appeal stands

disposed of in terms of the compromise petition.

M.C.No.1299/2015 filed by the respondent before the

Family Court, judgment and decree impugned herein

stands dismissed as withdrawn.

6. Resultantly, appeal stands disposed of in

terms of the compromise petition readwith affidavit

dated 21.02.2022.

7. Learned counsel Sri. K.S. Sharad has filed

vakalat on behalf of the respondent and the same is

placed on record.

8. In view of the disposal of the main appeal

all the pending applications stand disposed of.

Registry shall draw the modified decree in terms

of the compromise petition and affidavit referred to

above.

Sd/-

JUDGE

Sd/-

JUDGE BVK