The Appellate Court set aside the Family Court's decree for divorce based on a voluntary compromise petition filed by both parties, who agreed to live together. The appeal was allowed and the original petition was dismissed as withdrawn.
Impugned judgment set aside; appeal allowed; original petition dismissed as withdrawn.
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NC: 2024:KHC:26626-DB MFA No.5045/2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2024 PRESENT
THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.5045/2020 (FC)
BETWEEN:
SMT J SMITHA S/O N JITEESH, AGED ABOUT 38 YEARS R/AT NO.862, SHARANYA NIVAS, ANGLO INDIAN COLONY, 6TH CROSS, ROBERTSON PET, KOLAR GOLD FIELD – 563 122 …APPELLANT
(BY SRI. S G HEGDE, ADVOCATE) AND:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
SRI N JEETHESH S/O Y V NAGARAJ AGED ABOUT 41 YEARS, R/AT NO.278, 4TH MAIN, 18TH CROSS, CQAL LAYOUT, SAHAKARANAGAR, BENGALURU – 92 …RESPONDENT
(BY SRI.AJAY M D, ADVOCATE)
MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED. 18.03.2020, PASSED IN MC NO.1371/2016, ON THE FILE OF THE IV-ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1) 1 (1a) (1b) OF THE HINDU MARRIAGE ACT, 1955.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, K.S.MUDAGAL J. , DELIVERED THE FOLLOWING:
JUDGMENT
Appellant, respondent and learned Counsel for the appellant are present.
his identity.
sorted out their differences and they have decided to live together. Under the compromise petition, the respondent is seeking withdrawal of the petition. Satisfied that compromise petition is admissible under law. Hence the following:
ORDER
The appeal is allowed.
NC: 2024:KHC:26626-DB MFA No.5045/2020
The impugned judgment and order in M.C.No.1371/2016 dated 18.03.2020 passed by the IV-Additional Principal Judge,
Family Court, Benaluru is hereby set aside.
Petition in M.C.No.1371/2016 is dismissed as withdrawn.
Sd/JUDGE
Sd/JUDGE
PKN
List No.: 1 Sl No.: 3
1 issue framed by the court
Whether the appeal should be allowed and the impugned divorce decree set aside in light of a valid compromise between the parties?
2 provisions across 2 enactments
Smt J Smitha
Sri N Jeethesh
K.S. Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
