Smt. D.S. Prathiba vs Sri. Vasanth Kumar
2023 Latest Caselaw 1400 Kant

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                                                      MFA No.7332 of 2016




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 17TH DAY OF FEBRUARY 2023
                                       PRESENT
                         THE HON'BLE MR. JUSTICE ALOK ARADHE
                                           AND
                      THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
                    MISCELLANEOUS FIRST APPEAL NO.7332 OF 2016 (FC)
               BETWEEN:
               1.    SMT. D.S. PRATHIBA
                     D/O D K SHRIDHAR
                     AGED ABOUT 27 YEARS
Digitally            R/A NO.6/13, 14TH CROSS
signed by
RUPA V               MALLESHWARAM
Location:            NEAR MARGOSA ROAD
High Court           OPP MLA COLLEGE, BANGALORE.
of Karnataka
                                                             ...APPELLANT
               (BY SRI. HEMANTH KUMAR D, ADV.,)
               AND:
               1.    SRI. VASANTH KUMAR
                     S/O SIDDAGANGAIAH
                     AGED ABOUT 34 YEARS
                     R/A THIRUMALAPURA
                     HESARAGHATTA POST
                     BANGALORE-560089.

                                                           ...RESPONDENT
               (BY SRI. NISHIT KUMAR SHETTY, ADV.,)

                    THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURTS
               ACT,    AGAINST    THE    JUDGMENT      AND    DECREE
               DATED:20.09.2016 PASSED IN M.C.NO.1378/2013 ON THE
               FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU,
               DISMISSING THE PETITION FILED U/S 25 OF THE SPECIAL
               MARRIAGE ACT, FOR DECLARING THE MARRIAGE AS VOID
               AND NULL.
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                                     MFA No.7332 of 2016




    THIS APPEAL COMING ON FOR HEARING, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                      JUDGMENT

Parties along with their counsel are present.

This appeal under Section 19(1) of the Family

Courts Act, 1984 has been filed against the judgment

dated 20.09.2016 passed by the family court, by which

the petition filed by the appellant seeking dissolution of

marriage has been dismissed.

2. Learned counsel for the parties jointly submit

that the dispute between the parties have been amicably

resolved. In this connection, learned counsel for the

parties have invited the attention of this court to the

joint memo filed on behalf of the parties, which is duly

signed by them. The terms and conditions arrived at

between the parties read as under:

MFA No.7332 of 2016

1. During the pendency of this appeal, upon the intervention of friends and well wishers, the parties to this appeal have decided to settle the issues between them amicably. That the marriage is dated 20.06.2008 and from the date of marriage, till today, they both never resided together in matrimonial home and the marriage is not consummated. Hence the parties have decided to put an end to the litigation and to go on with their lives.

2. It is submitted that in view of the settlement arrived between the parties, all the allegations made against each other are hereby withdrawn.

3. In view of the settlement arrived at between

the parties, the judgment and decree dated 20.09.2016

passed in M.C.No.1378/2013 is set aside and the

marriage between the parties solemnized on 20.06.2008

is dissolved by a decree of divorce.

MFA No.7332 of 2016

The marriage between the parties is declared null

and void and the appeal is disposed of in terms of the

compromise arrived at between them.

Sd/-

JUDGE

Sd/-

JUDGE

SS