Jyoti Devaru Shetty W/O ... vs Raghavendra Ganesh Shetty
2022 Latest Caselaw 8877 Kant

                                                           -1-
                                                                         MFA No.103840/2015




                                     IN THE HIGH COURT OF KARNATAKA,
                                              DHARWAD BENCH

                                  DATED THIS THE 15TH DAY OF JUNE, 2022

                                                       PRESENT

                                THE HON'BLE MR JUSTICE KRISHNA S.DIXIT

                                                          AND

                                 THE HON'BLE MR JUSTICE P.KRISHNA BHAT

                                         MFA NO.103840 OF 2015 (MC)

                              BETWEEN:

                                  JYOTI DEVARU SHETTY
                                  W/O. RAGHAVENDRA SHETTY,
                                  AGE 29 YEARS OCC: POSTAL ASSISTANCE,
                                  R/O: NEAR HEAD POST OFFICE, KUMATA,
                                  TQ: KUMATA, DIST: UTTAR KANNADA.
                                                                            ... APPELLANT
                              (BY SRI. A.S. PATIL, ADVOCATE)

                              AND:

                                  RAGHAVENDRA GANESH SHETTY,
                                  AGE 35 YEARS, OCC: SERVICE,
                                  R/O: MURUR ROAD, KUMATA,
                                  TQ: KUMATA, DIST: UTTAR KANNADA.
                                                                          ... RESPONDENT
                              (BY SMT. SURABHI KULKARNI, ADVOCATE)

                                    THIS MFA IS FILED UNDER SECTION28 OF THE HINDU
                              MARRIAGE ACT, AGAINST THE JUDGMENT & DECREE DATED
           Digitally signed   17.06.2015, PASSED IN MC NO.9/2015 ON THE FILE OF THE
           by VISHAL
           NINGAPPA
           PATTIHAL
                              SENIOR CIVIL JUDGE, KUMTA, ALLOWING THE PETITION FILED
VISHAL
NINGAPPA   Location:
           DHARWAD
                              UNDER SECTION 13(1), (1a) OF THE HINDU MARRIAGE ACT.
PATTIHAL   Date:
           2022.06.22
           10:05:57
           +0530
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                                                    MFA No.103840/2015




    THIS MFA COMING ON FOR ADMISSION,                     THIS   DAY,
KRISHNA S.DIXIT, J, DELIVERED THE FOLLOWING:

                        JUDGMENT

This appeal seeks to lay a challenge to the

Judgment & Decree date 17th June 2015, rendered by the

learned Senior Civil Judge, Kumta in respondent's

M.C. No.09/2015, whereby the marriage solemnized

between the parties on 17th May 2010 at Havyak Sabha

Mantap, Kumta and registered on 10th June 2010 before

the Sub-Registrar Office of Kumta, was dissolved. After

service of notice, the respondent - husband has entered

appearance through his advocate.

2. Both the appellant and the respondent are

personally present before the Court and we have

interacted with them. They have filed a compromise

petition dated 15th June 2022, which reads as under:

"COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF CIVIL PROCEDURE CODE

The Appellant and Respondent in this appeal most respectfully submit as under:

MFA No.103840/2015

1 That, in the above appeal the Appellant has prayed this Hon'ble Court to set aside the ex-parte judgment and decree dated 17/06/2015 passed in MC No. 09/2015 passed by Hon'ble Senior Civil Judge, Kumta.

2 It is humbly submitted that after notices were issued by Hon'ble Court, the Respondent has entered his appearance through his counsel. Further submitted that pursuant to orders passed by this Hon'ble Court both appellant and respondent were/are present before this Hon'ble Court. During pendency of above appeal, at intervention of elder members of their family and their respective advocates, the Appellant and Respondent being impressed by suggestions made by their family members and well-wishers, have voluntarily taken decision to join together and lead happy martial life by taking into consideration of their future life as well as the future of the son born to them who is now aged about 11 years old now.

3 That, both appellant and respondent by heeding to advice given by elder members of family have resolved all the differences of opinions between themselves by undertaking that henceforth they will lead the martial life in good terms with each other by agreeing that they will withdraw all allegations made against each other.

4 That, respondent has no objection to set aside the judgment and decree dated 17/06/2015 passed in MC No. 09/2015 by Hon'ble Senior Civil Judge, Kumta in dissolving marriage between him and

MFA No.103840/2015

appellant. Since, both parties have now mutually agreed to live together.

5 That, both the parties have filed their respective affidavits along with the present compromise petition and same may be taken on record.

WHEREFORE, in view of above mentioned facts both appellant and respondent humbly pray this Hon'ble Court to set aside the judgment and decree dated 17/06/2015 passed in MC No. 09/2015 by Hon'ble Senior Civil Judge, Kumta in terms of present compromise petition filed by both parties."

3. The appellant and the respondent have sworn

to independent affidavits dated 15th June 2022 in support

of the compromise petition. They assure the Court that

they would live happily together in one matrimonial

home after withdrawing all the allegations made against

each other. There is no impediment for disposing off this

appeal in terms of happy arrangements, as reflected in

the compromise petition.

In the above circumstances, the appeal is disposed

off in terms of the compromise petition setting aside the

impugned Judgment & Decree of dissolution of marriage

MFA No.103840/2015

and thereby restoring the marital status between the

parties.

The Court wishes the Couple "ALL THE BEST".

Sd/-

JUDGE

Sd/-

JUDGE

Vnp*