Partly allowed

Smt. Vaishali W/O. Sunil Bamane, v. Shri. Sunil Kedar Bamane

Karnataka HC10 Dec 2019MFA/100833/2017

Case brief

AI extract

What is this about?

The High Court dismissed an appeal against a divorce decree. The parties executed a mediation agreement stating the dispute was resolved and the appellant had recovered from schizophrenia. The court accepted the settlement, set aside the impugned judgment and decree, and dismissed the matrimonial petition.

What did the court decide?

The judgment and decree of divorce dated 05.04.2016 are set aside; the divorce petition is dismissed.

Smt. Vaishali W/O. Sunil Bamane, Vs Shri. Sunil… — Matrimonial and Divorce | Karnataka HC (2019)

¶1

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

¶2

DATED THIS THE 10^th DAY OF DECEMBER, 2019

¶3

PRESENT

¶4

THE HON’BLE MR. JUSTICE P.B.BAJANTHRI AND

¶5

THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY

¶6

MFA NO.100833 OF 2017 (FC/DIS)

¶7

BETWEEN

¶8

SMT. VAISHALI W/O. SUNIL BAMANE, AGE: 40 YEARS, OCC: HOUSEWIFE, R/O: II CROSS, RAJAT GALLI, PITRUKRUPA, DHARWAD. … APPELLANT

¶9

(BY SRI.GURUKUMAR V A, ADV.)

¶10

AND

¶11

SHRI. SUNIL KEDAR BAMANE, AGE: 43 YEARS, OCC: PVT. SERVICE, R/O: H.NO.38, ANNAPURNAWADI, BAUXITE ROAD, BELAGAVI.

¶12

(BY SRI.R M KULKARNI, ADV.)

¶13

THIS MFA FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT 1984, AGAINST THE JUDGEMENT AND DECREE DATED:05.04.2016, PASSED IN MATRIMONIAL CASE NO.386/2015 ON THE FILE OF THE JUDGE FAMILY COURT BELAGAVI, ALLOWING THE PETITION FILED U/SEC. 13(1)(i-a) & (i-b) OF THE HINDU MARRIAGE ACT.

¶14

¶15

THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, P.B.BAJANTHRI J., DELIVERED THE FOLLOWING:

¶16

JUDGMENT

¶17

The parties are present in the Court. They have placed a memorandum of agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of

¶18

the Karnataka Civil Procedure (Mediation) Rules 2007, presented before the Mediation Center of this Court in order to resolve the dispute.

¶19

The memorandum of agreement is reproduced hereunder:

¶20

I. The parties above named beg to submit as follows:

¶21

The aforesaid Appeal was referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions:-

¶22

1. That, the above appeal is directed against the judgment and decree dated

¶23

¶24

05.04.2016 passed in MC No.386/2015 on the file of the Judge, Family Court, Belagavi.

¶25

2. It is submitted that, the respondent was suffering from decrease called “paranoid schizophrenia” along with physical deceased of “hpothyroidism” which may turn hazards to her health on discontinuation of medical treatment/medication. Therefore, the appellant deserted the respondent and started residing with her parents in Dharwad. The respondent filed petition under Sec.13(1) (ia) & (ib) Hindu Marriage Act seeking dissolution of marriage solemnized on 06.12.2001. On 05.04.2016 the Family Court, Belagavi granted the Decree of Divorce placing the appellant Exparte. Aggrieved by the same the appellant/wife has filed the present appeal.

¶26

3. During pendency of this appeal, the appellant has taken treatment at Chennai and now appellant has recovered fully. Now with the intervention of elders and mother-inlaw of the respondent the differences between the parties have been resolved. The appellant and respondent are staying

¶27

¶28

together along with their daughter and they are leading happy married life.

¶29

4. Both the parties have agreed to withdraw all pending litigations including WP.No.108495/2017 filed by the respondent before this Hon’ble Court and Crl.Misc.No.212/2016 on the file of Family Court, Dharwad filed by the appellant.

¶30

5. The respondent has agreed to take care of the appellant unconditionally.

¶31

6. The appellant and the respondent have withdrawn all the allegations made against each other unconditionally.

¶32

7. The appellant has recovered fully due to the medical treatment and appellant is in a position to understand the consequences of this compromise and the same is in the interest of appellant.

¶33

8. This compromise is entered between the parties without anybodies undue influence, coercion and the same has been signed with free will and wish.

¶34

Wherefore, it is most humbly prayed that, in view of compromise arrived between the

¶35

¶36

parties this Hon’ble Court may kindly be pleased to set aside the Judgment and Decree dated 05.04.2016 passed in M.C.No.386/2015 on the file of the Judge, Family Court, Belagavi and consequently the petition filed by the respondent in M.C.No.386/2015 may kindly be dismissed in above terms, in the interest of justice and equity.

¶37

In terms of the aforesaid memorandum of

¶38

agreement, the judgment and decree dated 05.04.2016 passed in M.C.No.386/2015 on the file of the Family Court, Belagavi stands dismissed.

¶39

Accordingly, the appeal is disposed off.

¶40

Sd/JUDGE

¶41

Sd/JUDGE

¶42

Vb/-

Smt. Vaishali W/O. Sunil Bamane, v. Shri. Sunil Kedar Bamane

Case brief

What is this about?

What did the court decide?

Smt. Vaishali W/O. Sunil Bamane, v. Shri. Sunil Kedar Bamane

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vidya W/O. Mahadev Patil Vs Mahadev S/O. Vithal Patil

Dr.Shrusti W/O Shivaraji Kadam Vs Shri.Shivaraj Dundappa Kadam

Smt.Madhavi W/O Venkatesh Mahajan Vs Venkatesh S/O Vishnupanth Mahajan

Smt Vijayalaxmi W/O Nagaraj Karandi Vs Sri Nagaraj Channappa Karandi

Smt.Ranjeeta @ Mallamma W/O Basavaraj Kamadolli Vs Basavaraj S/O Mallappa Kamadolli

Smt.Ranjeeta @ Mallamma W/O Basavaraj Kamadolli Vs Basavaraj S/O Mallappa Kamadolli