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2012 Supreme(Kar) 536

K.L.MANJUNATH, B.SREENIVASE GOWDA
Prakash Martin Tegur – Appellant
Versus
Joyce Samuel – Respondent


Advocates Appeared:
For the Appellant:Gowthamdev C. Ullal. Advocate.
For the Respondent:Janardhana, Advocate.

Judgment

Manjunath, J.

1. The legality and correctness of the decree of divorce granted by the Principal Judge, Family Court, Bangalore dt.8.6.2012 passed in M.C.No.3578/2011 is called in question in this appeal.

2. The parties herein are Christians. Their marriage was solemnized on 31.12.2007 as per the Christians Rites and it was registered on 31.12.2007 and the registration certificate indicated that the marriage was registered under the provisions of the Indian Christian Marriage Act 1872.

3. Unfortunately, a joint petition was filed by the parties u/s 28 of the Special Marriage Act 1954. The matter was referred to the Mediation Centre. The parties have settled their dispute before the Mediation Centre. The Mediation Centre has also accepted the terms of settlement and a Memorandum of agreement as required u/s 89A of CPC came into existence. Thereafter, the settlement arrived at before the Mediation Centre was accepted by the court below dissolving the marriage solemnized between the parties on 31.12.2007 as per the provisions of The Indian Christian Marriage Act 1872. The legality and correctness of the same is called in question in this appeal.

4. The only point canvassed by



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