Karnataka High Court

Smt. Bhavya M B vs Sri Jagadeesh on 7 May, 2024

Author: S Sunil Dutt Yadav

Bench: S Sunil Dutt Yadav

                                                  -1-
                                                        NC: 2024:KHC:17068-DB
                                                        MFA No. 3313 of 2022




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 7TH DAY OF MAY, 2024

                                            PRESENT
                        THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
                                                  AND
                         THE HON'BLE MR JUSTICE VENKATESH NAIK T
                                M. F. A. NO. 3313 OF 2022 (MC)
                   BETWEEN:

                   1.    SMT. BHAVYA M B
                         W/O JAGADEESH
                         D/O BOREGOWDA
                         AGED ABOUT 26 YEARS,
                         R/AT NO.13, 8TH CROSS,
                         SANJEEVININAGAR,
                         VISHWANEEDAM POST,
                         BENGALURU - 560 091.
                                                                ... APPELLANT
                   (BY SRI. J. R. MOHAN., ADVOCATE)
Digitally signed
by VIJAYA P        AND:
Location: HIGH
COURT OF
KARNATAKA
                   1.    SRI JAGADEESH
                         S/O CHIKKANANJEGOWDA,
                         AGED ABOUT 33 YEARS
                         R/AT YARADEHALLI VILLAGE,
                         SEEGEHALLI POST,
                         MAYASANDRA HOBLI,
                         TURUVEKERE TALUK,
                         TUMKUR DISTRICT - 572 213.
                                                              ... RESPONDENT
                   (BY SRI. NAIK N R., ADVOCATE)
                                     -2-
                                               NC: 2024:KHC:17068-DB
                                                MFA No. 3313 of 2022




     THIS MFA IS FILED U/S 28(1) OF HINDU MARRIAGE
ACT, AGAINST THE JUDGMENT AND DECREE DATED
16.01.2018 PASSED IN MC NO. 24/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, TURVEKERE, ALLOWING THE
PETITION FILED UNDER SECTION 13(1a)(1b) OF THE HINDU
MARRIAGE ACT.

     THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, S. SUNIL DUTT YADAV J., DELIVERED THE
FOLLOWING:


                           JUDGMENT

It is noticed that mediation report has been filed

along with memorandum of settlement under Section 89

of CPC read with Rules 24 and 25 of the Karnataka Civil

Procedure (Mediation) Rules, 2005.

2. The said memorandum of settlement reads as

follows:-

"I. The appellant herein has filed this appeal against the Respondent challenging the ex-parte Judgment and Decree dated 16-01-2018 passed by the Hon'ble Senior Civil Judge & J.M.F.C., Turuvekere, in M.C.No.24/2017, whereby the Hon'ble Court had granted decree of divorce dissolving the marriage between the parties herein.

II. The above appeal was referred to mediation to explore the possibilities of resolving the dispute

NC: 2024:KHC:17068-DB

between the parties. During the course of Mediation the Appellant and Respondent along with their respective parents, well-wishers and their counsels were present and have resolved the dispute on the following terms and conditions:

1. The Appellant and the Respondent are Hindus by religion. Their marriage was solemnized on 03-12-

2014 at Yaradehalli Village, Seegehalli Post, Turuvekere Taluk, Tumkur District.

2. Both the Appellant and the Respondent agree that from their wedlock they have two male children namely (i) Master Dhanush Gowda Y.J., born on 19-10-2015, who has passed Third Standard presently studying in Janata Vidyaniketana, Hegganahalli Cross, Bangalore-91 and (ii) Master Yashas Gowda Y.J. born on 04-01- 2019, who has passed L.K.G. at Janata Vidyaniketana, Hegganahalli Cross, Bangalore-91 and has to be admitted to U.K.G..

3. Both the parties herein agree that due to some differences between them the Respondent herein had initiated proceedings in M.C.No.24/2017 before the Court of Hon'ble Senior Civil Judge and JMFC at Turuvekere, for divorce against the Appellant herein under Section 13(1a) and (1b) of the Hindu Marriage Act. Both the parties further agree that in

NC: 2024:KHC:17068-DB

that case the Appellant herein was placed ex-parte and the Respondent herein had obtained an ex- parte decree of divorce dated 16-01-2018.

4. Both the parties herein agree that said decree dated 16-01-2018 passed in M.C. No.24/2017 is challenged by the Appellant herein in the present Miscellaneous First Appeal. During the course of Mediation, the parties, their well-wishers and their respective parents have participated and after detailed deliberations, the parties herein have resolved their dispute amicably and have agreed to live together on the following terms and conditions:-

i) The Respondent herein has no objection for the present Appeal being allowed and the decree dated 16-01-2018 passed in M.C. 24/2017 on the file of Hon'ble Senior Civil Judge and JMFC, Turuvekere, being set aside.

ii) Consequently the Respondent herein agrees that he would not press the petition filed for divorce against the Appellant in M.C. No.24/2017 on the file of Hon'ble Senior Civil Judge and JMFC Turuvekere. The Respondent herein has no objection for M.C. 24/2017 on the file of Hon'ble Senior Civil Judge and JMFC

NC: 2024:KHC:17068-DB

Turuvekere, being dismissed as not pressed and withdrawn.

iii) Both the parties herein agree not to scratch any incidents of the past and live together happily with their children.

iv) Both the parties herein withdraw all the allegations levelled against each other in all the forums unequivocally and agree not to raise any disputes/complaints with regard to any of the incidents of the past.

v) The Appellant herein agrees to go back along with her two sons to her matrimonial home at Yaradehalli, and live there along with the Respondent and his parents.

vi) Both the parties herein agree not to disrespect each other or their respective parents and members of families of each other.

vii) Both the parties herein agree not to use any abusive language against each other and agree to demonstrate love, care and respect towards each other and the members of extended families of each other.

NC: 2024:KHC:17068-DB

viii) Both the parties herein agree not to give threats of committing suicide or taking life, and would behave in a matured manner.

ix) The Respondent herein agrees to take the best care of the Appellant herein and the children and to provide for their maintenance. The Respondent herein agrees to do all the needful to provide the best education for his children to the best of his ability.

x) The Respondent herein agrees to admit the children to the school and see to it that they start going to the new school from the ensuing academic year itself.

xi) The Respondent herein has no objection for the Appellant herein visiting her parents or extended family members with prior intimation, and subject to the condition that the education of children do not get disturbed in the process.

xii) The Respondent herein has no objection for the Appellant using mobile phone in a healthy manner for communicating with her relatives and associates.

NC: 2024:KHC:17068-DB

xiii) Both the parties herein agree to respect the individual space of each other, and do not restrict personal freedom of each other.

xiv) The Appellant herein agrees to adjust to the environment at the matrimonial home and agrees to live amicably with her husband, children and parents-in-law.

5. In view of the settlement agreed upon between the parties herein, both the parties pray this Hon'ble Court be pleased to kindly (i) allow the above appeal (ii) Kindly set aside the Judgment and Decree in M.C.No.24/2017 on the file of Hon'ble Senior Civil Judge and JMFC Turuvekere, (iii) Kindly dismiss the Petition in M.C.No.24/2017 on the file of Hon'ble Senior Civil Judge, and JMFC Turuvekere, as dismissed since being withdrawn.

6. The parties agree to appear before the Hon'ble Court to report the settlement as entered herein."

3. Both parties are present and they agree to the

terms of the settlement. The terms of the memorandum of

settlement are read out in a language known to them and

they affirm the contents of the memorandum of

settlement, which are also found to be legal. Memorandum

NC: 2024:KHC:17068-DB

of settlement has been signed by both the parties

including their counsel.

4. In light of the same, the judgment and decree

in M.C.No.24/2017 on the file of the Senior Civil Judge and

JMFC, Turuvekere, is set aside and the appeal is disposed