An appeal against a divorce decree was treated as infructuous and dismissed following a settlement between parties in ongoing mediation proceedings and withdrawal by the appellant.
Appeal dismissed as infructuous and withdrawn.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2020
PRESENT
THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA
AND
THE HON’BLE MR. JUSTICE N.S. SANJAY GOWDA
MFA NO. 6686/2013 (FC)
BETWEEN
SMT. B. ANITHA @ HARINI, W/O. D.C. GIRISH, D/O. K.B. BALARAJU, AGED ABOUT 28 YEARS, R/AT. ANJANEYA GUDI BEEDI, KUDURU, MAGADI TALUK, RAMANAGARA DISTRICT-561 101.
... APPELLANT
(BY SRI. H.S. SANTHOSH, ADVOCATE ) (V.C.)
AND
D.C. GIRISHA, S/O. LATE D.V. CHIKKANNA SHETTY, AGED ABOUT 34 YEARS, R/AT. QUARTERS NO.31/2, III FLOOR, DGQA, RESIDENTIAL COMPLEX, GUNATHA VIHAR, R.T. NAGAR, BENGALURU – 560 032.
... RESPONDENT
(BY SRI. G.S. PATIL, ADVOCATE ) (V.C.)
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND
2
DECREE DATED 06.04.2013 PASSED IN MC NO.2474/2012 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(i-a) & (i-b) OF HINDU MARRIAGE ACT, FOR DISSOLUTION OF MARRIAGE.
THIS MFA COMING ON THROUGH VIDEO CONFERENCE FOR HEARING THIS DAY, NAGARATHNA, J ., DELIVERED THE FOLLOWING:
JUDGMENT
Sri. H.S. Santhosh, learned counsel for the appellant submits that, the appellant does not wish to prosecute this appeal any longer, as there is a settlement between the parties in C. Misc. No.458/2015 in Mediation, which was disposed of on 23.03.2018, by the Family Court at Bengaluru. Therefore, the judgment and decree dated 06.04.2013 passed by the VI Additional Principal Judge, Family Court at Bengaluru, in M.C. No.2474/2012, would not call for any interference in this appeal.
The submission of the learned counsel for the appellant is placed on record.
3
The appeal is dismissed as having become
infructuous on account of the settlement referred to above, and as withdrawn.
Sd/JUDGE
Sd/-
JUDGE
KGR*
Smt. B. Anitha @ Harini
D.C. Girisha
B. V. Nagarathna
N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
