Allowed

Smt Mahalakshmi H R @ Nirmala v. Sri Anand Kumar N a

Karnataka HC3 Dec 2021WP/27693/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ petition to quash a consent divorce decree on the ground that she and the respondent resumed living together happily. A joint memo sought to set aside the decree. The High Court disposed of the petition based on the settlement and quashed the impugned order.

What did the court decide?

Writ petition disposed; impugned judgment and decree dated 26.02.2018 set at naught; costs awarded.

Smt Mahalakshmi H R @ Nirmala Vs Sri Anand Kumar N a — Matrimonial and Divorce | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 3^RD DAY OF DECEMBER, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 27693 OF 2018(GM-FC)

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BETWEEN:

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SMT. MAHALAKSHMI H R @ NIRMALA, WIFE OF ANAND KUMAR N A, AGED ABOUT 29 YEARS, RESIDING AT NELADIMMANAHALLI VILLAGE, BRAMHASANDRA POST, KALLAMBELLA HOBLI, SIRA TALUK, TUMKUR DISTRICT – 572 125. (BY SRI. NARENDRA BABU H L, ADVOCATE FOR SRI. SIDDAMALLAPPA P M, ADVOCATE)

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...PETITIONER

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AND:

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SRI. ANAND KUMAR N A, SON OF ANJANAPPA, AGED ABOUT 34 YEARS, RESIDING AT NELADIMMANAHALLI VILLAGE, BRAMHASANDRA POST, KALLAMBELLA HOBLI, SIRA TALUK, TUMKUR DISTRICT – 572 125. (BY SRI. C S HIREMATH, ADVOCATE)

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… RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED JUDGMENT AND DECREE DATED 26.02.2018 PASSED BY THE LEARNED JUDGE OF THE FAMILY COURT IN M.C.NO.13/2018, AS PER ANNEXURE-E.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-

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ORDER

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Both the sides have filed a Joint memo dated

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30.11.2021 seeking settlement of the dispute in terms thereof. The short Joint Memo reads as under:

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“The petition and Respondent beg to submit as follows:

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1. The petitioner and Respondent submit that, they are residing together and leading matrimonial life happily from the marriage till today. The said order for consent divorce is not enforced even after the decree of consent divorce. In view of the above said circumstance, Petitioner and Respondent are leading happy matrimonial life with two children.

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Hence, the respondent prays this Hon’ble Court to allow the writ petition filed by the petitioner and to set aside the impugned judgment and decree dated 26.02.2018 passed by the Principal Family Court, Tumakur. Hence, this joint memo, in the interest of justice and equity.”(sic)

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There is no reason to doubt the bona fide of the

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version emerging from the Joint Memo. There is no impediment in law or on facts for disposing this matter in terms of the settlement.

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Petition is disposed off accordingly and the impugned Judgment & Decree are set at naught, costs having been

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made easy.

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Sd/JUDGE

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Bsv

Smt Mahalakshmi H R @ Nirmala v. Sri Anand Kumar N a

Case brief

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Smt Mahalakshmi H R @ Nirmala v. Sri Anand Kumar N a

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