The court recorded a lawful compromise between the parties for dissolution of marriage by mutual consent. The appeal was allowed, the impugned judgment was set aside, and the marriage was dissolved in terms of the compromise.
Dissolution of marriage by mutual consent; impugned judgment set aside; decree to be drawn.
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NC: 2024:KHC:27680-DB MFA No.869/2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH 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. 869/2020
BETWEEN:
SMT. VANAJAKSHI K R AGED ABOUT 32 YEARS W/O G KESHAVA R/O HARINAGAR CROSS ANJANAPURA MAIN ROAD BANGALORE -560 062 …APPELLANT
(BY SRI.PRABHUGOUD B TUMBIGI, ADVOCATE)
AND:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
G KESHAVA AGED ABOUT 42 YEARS S/O GOVINDAPPA R/AT NO.736/2 NEAR GANESHA TEMPLE KONANAKUNTE BANGALORE – 560 062 …RESPONDENT
(BY SRI.B.K.NARENDRA BABU, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 16.12.2019 PASSED IN M.C.NO. 2887/2016 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, K.S.MUDAGAL J ., DELIVERED THE FOLLOWING:
NC: 2024:KHC:27680-DB MFA No.869/2020
JUDGMENT
Both parties, their respective counsel and Master Narayan
son of the parties are present. The parties are identified by their respective counsel. The parties submit compromise petition.
respondent has delivered her jewelleries and no other articles are in the custody of the respondent.
admissible under law. Hence recording the same, Court passes the following:
ORDER
i) The appeal is allowed.
ii) The impugned judgment and decree dated 16.12.2019 in M.C.No.2887/2016 passed by the VI Addl. Prl. Judge, Family Court, Bengaluru is hereby set aside.
iii) The petition in MC No.2887/2016 is allowed in terms of the compromise petition and the observations made hereinabove.
iv) The marriage of the appellant and the respondent solemnized on 27.03.2005 at Sowdamni Kalyana Mantapa, Konanakunte, Bengaluru is hereby dissolved. Draw decree accordingly.
Sd/-
JUDGE
Sd/JUDGE
AKC List No.: 1 Sl No.: 2
1 issue framed by the court
Whether the compromise petition for dissolution of marriage by mutual consent is voluntary, lawful, and admissible?
2 provisions across 2 enactments
Smt. Vanajakshi K R
G Keshava
K.S. Mudagal
Vijaykumar A. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
