Disposed

Mrs. Kanchan W/O. Praveen Bastawadi v. Praveen S/O. Shivappa Bastawadi

Karnataka HC16 Dec 2019MFA/22249/2013

Case brief

AI extract

What is this about?

An appeal against a divorce decree was disposed of upon the parties entering a mediation agreement. The High Court set aside the impugned judgment and decree, dismissed the underlying matrimonial petition, and directed the parties to withdraw pending litigation as they resumed cohabitation.

What did the court decide?

The appeal was disposed of; the judgment and decree dated 19.04.2013 in M.C. No. 136/2008 were set aside, and the matrimonial petition was dismissed.

Mrs. Kanchan W/O. Praveen Bastawadi Vs Praveen… — Matrimonial and Divorce | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF DECEMBER, 2019

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PRESENT

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

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THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY

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M.F.A.No.22249/2013 (MC)

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BETWEEN:

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MRS. KANCHAN W/O. PRAVEEN BASTAWADI, AGE: MAJOR, OCC: HOUSEHOLD WORK, R/O. C/O. SRI SIDDAPPA N. KHANGAONKAR, H.NO. 3957/1A, BEHIND REX STORES, KALIAMBRAI, BELGAUM. ... APPELLANT

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(BY SMT.HEMALEKHA K.S., ADVOCATE)

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AND:

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SRI PRAVEEN S/O. SHIVAPPA BASTAWADI, AGE: MAJOR, OCC: SERVICE IN ARMY, R/O. PLOT NO. 10, SAINIK NAGAR, LAXMI TEK, BELGAUM. ... RESPONDENT

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(BY SMT.V.VIDYA, ADVOCATE)

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THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT, AGAINST THE JUDGEMENT AND DECREE DATED:19.04.2013, PASSED IN MATRIMONIAL CASE NO.136/2008 ON THE FILE OF THE JUDGE FAMILY COURT BELGAUM, ALLOWING THE PETITION FILED U/SEC. 13(1)(1-a) OF THE HINDU MARRIAGE ACT AND ETC.,

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

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JUDGMENT

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The appellant has questioned the validity of the judgment and decree passed in M.C.No.136/2008 dated 19.04.2013 on the file of the Family Court, Belagavi.

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During the pendency of the present appeal, the

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matter was referred to the Mediation and Conciliation Centre, Dharwad Bench, wherein the parties have entered into an agreement.

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The memorandum of agreement under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007, reads as under:

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

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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:-

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1. The above appeal is directed against the judgment and decree dated: 19.04.2013 in MC No. 136/2008 on the file of Family Court, Belagum, in so far as decreeing the petition filed by the respondent/husband and granting decree of divorce.

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2. The above matter had come up for hearing before the Court on 19.11.2019 and the matter was referred to mediation. The appellant and the respondent have settled the differences and both the parties have withdrawn the allegations made against each other and they are residing together and leading happy married life along with their children.

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3. In view of the same, the respondent has consented for setting aside the judgment and decree dated: 19.04.2013 passed in MC No. 136/2008 on the file of the Judge, Family Court, Belagavi filed under Section 13 (1) (i-a) and 13 (1)(i-b) of the Hindu Marriage Act, seeking dissolution of marriage. Further the respondent is ready and willing to take back his wife, children and has given assurance that the respondent will carry on all the obligations toward his family and without driving them to any further litigation.

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4. In view of the above, the appellant and the respondent have consented for allowing of the appeal and for setting aside the impugned judgment and decree passed by the Judge, Family Court, Belagavi.

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5. Both the parties shall withdraw the pending litigation if any unconditionally.

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6. In view of the above settlement, the impugned judgment and decree may be set aside and the petition filed by the respondent in MC No. 136/2008 under Sections 13(1)(i-a) and 13(1)(i-b) of Hindu Marriage Act be dismissed in the interest of justice and equity.

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II. In view of the aforesaid agreement entered into between the parties, the parties pray that the appeal be disposed of, in terms of the aforesaid agreement.

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III. Parties will appear on 16.12.2019 before the Hon’ble Court for passing Orders/Decree in terms of the above said agreement.

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Sd/Sd/Appellant Respondent

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Sd/Sd/Advocate for Advocate for Appellant Respondent

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VERIFICATION

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We, the parties above named, do hereby solemnly state and declare that what is contained in Paragraphs No. I to III (Sl.No.01 to 06) are true to the best of our knowledge, information and belief.

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Sd/Appellant

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Place: Dharwad Dated: 05/12/2019 Sd/Respondent”

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In view of the memorandum of agreement

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entered into between the parties, the present appeal does

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not survive for consideration. The appeal stands disposed of while setting aside the order dated 19.04.2013 passed in M.C.No.136/2008 and dismissing M.C.No.136/2008.

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(Sd/-) JUDGE

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(Sd/-) JUDGE

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Jm/-

Mrs. Kanchan W/O. Praveen Bastawadi v. Praveen S/O. Shivappa Bastawadi

Case brief

What is this about?

What did the court decide?

Mrs. Kanchan W/O. Praveen Bastawadi v. Praveen S/O. Shivappa Bastawadi

Case brief

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What did the court decide?

What the court decided

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