Sridhar vs Smt. Deepa
2022 Latest Caselaw 4996 Kant

                                                     -1-




                                                            MFA No. 101315 of 2021


                          IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                 DATED THIS THE 17TH DAY OF MARCH, 2022
                                                  PRESENT
                              THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
                                                    AND
                                 THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                           MISCELLANEOUS FIRST APPEAL NO. 101315 OF 2021 (MC-)
                          BETWEEN:
                              SRIDHAR
                              S/O. VEERANAGOUDA KALLAPPAGOUDRU,
                              AGED 34 YEARS,
                              OCC. EMPLOYEE,
                              R/O SINGASANDRA,
                              HOSUR MAIN ROAD,
                              BENGALURU.
                              NOW RESIDING AT BENAKANAKONDA,
                              TQ. RANEBENNUR
                              DIST. HAVERI 581208.
                                                                      ...APPELLANT
                          (BY SRI. PATIL M H., ADVOCATE)


                          AND:
                              SMT. DEEPA
           Digitally
           signed by
           JAGADISH T R
                              D/O. CHANNABASAPPA SATIHAL,
JAGADISH
TR
           Location:
           DHARWAD            AGE 29 YEARS,
           Date:
           2022.03.23
           10:44:26           OCC. HOUSEHOLD WORK,
           +0530
                              R/O JAVALI BAZAR,
                              BESIDE MUTTANNA SHOP,
                              NARAGUND, TQ. NARAGUND,
                              DIST. GADAG 582207.
                                                                    ...RESPONDENT
                          (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE)
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                                           MFA No. 101315 of 2021


     THIS MFA IS FILED U/S.28 (1) OF THE HINDU MARRIAGE
ACT, 1955 AGAINST THE JUDGEMENT AND DECREE DATED
25.02.2021, PASSED IN MATRIMONIAL CASE NO.60/2014 ON
THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND
JUDICIAL    MAGISTRATE    FIRST    CLASS,   RANEBENNUR,
DISMISSING THE PETITION FILED U/SEC. 13 (1) (i) AND (ia)
OF THE HINDU MARRIAGE ACT 1955.

      THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
K.S. HEMALEKHA J., PASSED THE FOLLOWING:

                             ORDER

On 03.03.2022, the matter was referred to the

mediator for conciliation.

2. As per the report of the Mediator, both parties

and their counsel were present and the parties have

settled the matter amicably and entered into an

agreement.

3. The agreement under Section 89 of CPC read

with Rules 24 and 25 of the Karnataka Civil Procedure

(Mediation) Rules, 2007, is filed before the Mediator,

which reads as hereunder:

"MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF THE CIVIL PROCEDURE READ WITH RULES-24 AND 25 OF

MFA No. 101315 of 2021

THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2007.

I) That the appellant/husband has filed the above appeal challenging the Judgment and Award dated 25/02/2021 passed by the Court of Prl. Civil Judge and JMFC, Ranebennur, dismissing the MC No.60/2014 filed U/s 13(1)(i) and (ii)(a) of the Hindu Marriage Act. The Husband and Wife amicable settled the matter as per the following terms:

A) The Husband and Wife agreed to dissolve their marriage as husband and wife as the difference of opinion between them could not be pacified. Hence, both are decided to get their marriage dissolved.

B) The husband/Sri. Sridhar S/o Veeranagouda Kallappagoudru agreed to withdraw all allegations as against the wife and further he will not claim any status of the appellant as wife and hereinafter the relation between appellant and respondent shall not be continued as husband and wife.

MFA No. 101315 of 2021

C) That wife/Smt. Deepa D/o. Channabasappa Satihal consented for dissolution of marriage solemnized on 18/04/2014. at Lalith Bhavan

Kalyanamantap, Ranebennur. The wife will not claim any right as against the husband and also as against his properties and further she agreed to withdraw all allegations made against husband.

2) In view of the aforesaid agreement entered into between the parties, the parties pray that the appeal be disposed of as per above terms."

4. In view of the settlement arrived between the

parties, the appeal is disposed off in terms of the

agreement as referred above. The judgment and award

dated 25.02.2021 passed by the Principal Senior Civil

Judge and JMFC, Ranebennur in M.C.No.60/2014 is

modified in terms of the agreement.

MFA No. 101315 of 2021

5. Office is directed to draw decree accordingly.

The memorandum of agreement to be treated as part and

parcel of the decree.

Sd/-

JUDGE

Sd/-

JUDGE

VP