Karnataka High Court
Smt Savitha vs Sri N Rajachari on 21 February, 2024
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
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NC: 2024:KHC:7307-DB
MFA No. 7879 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 7879 OF 2017 (FC)
BETWEEN:
SMT. SAVITHA
W/O N. RAJACHARI,
AGED ABOUT 29 YEARS,
D/O RAMAKRISHNA CHARI
R/AT CHIKKA BEECHANAHALLI VILLAGE,
BILIKERE HOBLI, HUNSUR TALUK,
MYSORE DISTRICT 571 203.
ALSO RESIDING AT:
NO.242, MIG GROUP-3
KHB COLONY,
Digitally HUTAGALLI,
signed by MYSURU CITY 571 203.
SHAKAMBARI
Location: ...APPELLANT
HIGH COURT (BY SRI. SANGAMESH R.B., ADVOCATE)
OF
KARNATAKA
AND:
SRI. N. RAJACHARI,
S/O NARASIMHACHARI,
AGED ABOUT 32 YEARS,
D.NO.242, MIG GROUP-3,
KHB COLONY, HUTAGALLI,
MYSURU 571 203.
...RESPONDENT
(BY SRI.VEERABHADRASWAMY H.P., ADVOCATE)
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NC: 2024:KHC:7307-DB
MFA No. 7879 of 2017
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE
JUDGEMENT AND DECREE DATED 20.09.2017 PASSED IN
M.C.NO. 179 OF 2017 ON THE FILE OF THE PRINCIPAL JUDGE,
FAMILY COURT, AT MYSURU, ALLOWING THE PETITION FILED
UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT,FOR
DISSOLLUTION OF MARRIAGE.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, DR.H.B.PRABHAKARA SASTRY J.,
MADE THE FOLLOWING:
ORDER
The present respondent-petitioner had instituted the
petition in MC No.179/2017 against the present appellant
arraigning her as respondent in the Court of Principal
Family Court at Mysuru (for brevity `Family Court') under
Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking
an order of dissolution of their marriage said to have to
taken place on 03.06.2021.
2. Showing the respondent before it as remained
absent inspite of service of notice upon her, the Family
Court placed her exparte and proceeded to go on with the
matter from petitioner's side. On recording the evidence
and on hearing the matter from petitioner's side, the
Family Court allowed the petition by its impugned
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judgment and decree dated 20.09.2017. Aggrieved by the
same, the respondent/wife before the Family Court has
preferred this appeal.
3. Learned counsel Sri Veerabhadraswamy along with
learned counsel Sri Surya who are physically present, files
vakalath for respondent duly taking notice for the respondent.
The said Vakalath is taken on record.
4. The parties to the appeal as identified by their
respective learned counsel, are physically present. Both parties
produced their Aadhaar Card for verification and return and its
copies to file.
5. Learned counsel from both the side filed one each
sworn affidavit of the appellant and respondent and a joint
memo said to have been executed by both side. Both in the
affidavit as well as in the joint memo, it is stated that during
the pendency of this appeal, the parties to the appeal have
reconciled the matter among themselves and entered into the
compromise and continue to reside together by continuing their
relationship as husband and wife. With this, they have prayed to set
aside the impugned judgment and decree granted by the Family
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Court to enable them to continue their relationship as
husband and wife. The learned counsel from both side
make the supporting submission and prayed to allow this
appeal and to set aside the impugned judgment and also
to dismiss Misc.Petition No.179/2017 filed by the present
respondent.
6. We inquired with the parties who are physically
present who support the contents of their respective
affidavits and the joint memo. From their inquiry, we are
convinced that both the parties have compromised the
matter and filed their respective affidavits and joint memo
out of their free consent, volition and without any vitiating
factors like fraud, misrepresentation, coercion, duress or
mistake.
7. We are convinced that both the parties, in their
best interest, have arrived at a settlement to continue
their marital relationship as husband and wife.
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8. Under the circumstances, we find the reasons to
accept the joint memo and the sworn affidavits and
dispose of this appeal accordingly.
9. Accordingly, the appeal stands allowed. The
impugned judgment and decree passed by the Prl.Judge,
Family Court at Mysuru in MC No.179/2017 dated
20.09.2017 stands set aside. MC No.179/2017 stands
dismissed.
10. Registry to draw decree and transmit the trial
Court records to the concerned Family Court immediately.
Sd/-
JUDGE
Sd/-
JUDGE
Sk/-
