A wife sought a direction to the Family Court to decide pending Section 152 CPC applications to correct the marriage date recorded in a divorce decree by mediation agreement. The High Court directed the Trial Court to clarify the date within 15 days.
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NC: 2024:KHC:27299 WP No. 3845 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3845 OF 2024 (GM-FC)
BETWEEN:
MADHURA PRABHU, W/O. CHETHAN RAJ, D/O. NARASIMHA PRABHU, AGED ABOUT 37 YEARS, R/AT. BUILDING NO.9302, 8TH MAIN, PAPAIAH GARDEN, 3RD STAGE, BANASHANKARI, BENGALURU – 560 085.
…PETITIONER
(BY SRI. SHARATH GOWDA G.B., ADVOCATE)
AND:
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
CHETHAN RAJ, S/O. DEVENDRA NAYAK, AGED ABOUT 41 YEARS, R/AT.NO.401, SANJU NIVAS, ACES LAYOUT, A BLOCK, WHITEFIELD, BENGALURU – 560 037.
…RESPONDENT
(BY SRI. PRASANNA SHETTY, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE III ADDITIONAL FAMILY COURT TO CORRECT THE DATE OF MARRIAGE OF THE PETITIONER AND THE RESPONDENT AS 29.09.2014 IN THE MEDIATION AGREEMENT DTD 18.04.2023,
NC: 2024:KHC:27299 WP No. 3845 of 2024
IN THE ORDER DTD 18.04.2023 AND IN THE DECREE DTD 21.04.2023 IN M.C.NO.187/2020 AND VIDE ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR PRILIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The present Writ Petition is filed seeking a direction to the III Addl. Principal Family Judge, Bangalore to decide the pending applications filed under Sections 151 and 152 of CPC in M.C.No.187/2020. The parties are referred to as husband and wife for the sake of convenience.
mediation agreement dated 18.04.2023 becomes part and parcel of the decree.
NC: 2024:KHC:27299 WP No. 3845 of 2024
matter pending for such a long time. Ultimately, in the substantial interest of the parties, the Court has to pass the order as the procedure is a handmade of justice and the endeavor of the Court should be granting substantial justice to the parties. In a compromise, when both the parties come before the Court, the application to correct the date of marriage that cannot be a ground for the Court to refuse.
pass the following,
ORDER
SD/JUDGE
List No.: 1 Sl No.: 26
BN
1 issue framed by the court
Whether the Family Court should be directed to decide applications under Sections 151/152 CPC to correct the date of marriage in the mediation agreement, order and decree.
2 provisions across 2 enactments
MADHURA PRABHU
CHETHAN RAJ
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
