Appeal over a divorce decree granted on alleged incurable mental illness. Parties submitted a joint memo with mutual withdrawal of allegations; court recorded the memo, set aside the impugned judgment, allowed M.C. in terms of the memo and dissolved the marriage.
Impugned judgment and decree set aside; marriage dissolved; decree to be drawn in terms of joint memo.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:21685-DB MFA No.7112/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.7112/2017 (FC)
BETWEEN:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
M. SHYLAJA D/O MAHADEVAIAH W/O RAMESH BABU V.R. AGED ABOUT 38 YEARS R/AT NO.71/6, 10TH MAIN, "D" BLOCK 1ST STAGE, J.P. NAGAR MYSURU DISTRUCT 570006.
…APPELLANT
(BY SRI. S.N. BHAT, ADV.,)
AND:
RAMESH BABU V.R. S/O T.V. RAMDAS AGED ABOUT 42 YEARS R/AT NO.1/889, OPP: HUCHALAMMA TEMPLE GP MALLAPPAPURAM, KOLLEGALA TLAUK CHAMARAJANAGARA DISTRICT 577534.
…RESPONDENT
(BY SRI. AMBAJI RAO NAJRE, ADV.,)
THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 01.08.2017 PASSED IN M.C. NO.221/2013 ON THE FILE OF THE I ADDITIONAL PRINCIPAL FAMILY COURT AT MYSURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 13(1)(iii) OF THE HINDU MARRIAGE ACT.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
NC: 2024:KHC:21685-DB MFA No.7112/2017
JUDGMENT
Appellant, her mother and the respondent are present.
Both the counsel are present. The parties are duly identified by their respective counsel. The parties submit joint memo.
Rs.35,00,000/- by way of permanent alimony as stated in the joint memo. It is found that the terms of joint memo are admissible under the law.
NC: 2024:KHC:21685-DB MFA No.7112/2017
5. Considering the aforesaid facts and circumstances,
the joint memo is recorded. Hence, the following:
ORDER
The appeal is allowed.
The impugned judgment and decree is hereby set aside. M.C.No.221/2013 is allowed in terms of the joint memo.
The marriage of the petitioner and the respondent in M.C.No.221/2013 solemnized on 23.04.2004 at Rajagopalarao
Rashinkar Choultry, Mysuru, is dissolved.
Draw decree accordingly.
Sd/JUDGE
Sd/JUDGE
RV List No.: 1 Sl No.: 36
1 issue framed by the court
Whether the divorce decree granted on grounds of incurable mental unsoundness should be set aside and the marriage dissolved by consent per joint memo?
2 provisions across 2 enactments
M. Shylaja
Ramesh Babu V.R.
K.S.Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
