JUDGMENT :

NAGARATHNA, J.

Though this appeal is listed for Orders, learned counsel for respective parties submit in unison that the appeal may be disposed of in terms of Settlement arrived at between the parties before the Bengaluru Mediation Center, (BMC), Bengaluru.

2. Respondent herein had filed a petition in M.C. No.3650/2011 under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for the sake of brevity). By judgment and decree dated 08.10.2012, II Additional Principal Judge, Family Court, Bengaluru allowed the said petition and granted an order of dissolution of marriage between the parties by passing a decree of divorce under Section 13 (1)(i-a) of the Act. Contending that the said decree was an exparte decree, respondent-husband preferred Miscellaneous petition in Mis. No.3/2013 before the II Additional Principal Judge, Family Court, Bengaluru seeking recall of the judgment and decree passed by the said Court. There was a delay of 28 days in preferring the said Mis. No.3/2013. By impugned order dated 01.08.2015, II Additional Principal Judge, Family Court, Bengaluru dismissed the application seeking condonation of delay. Consequently, the miscellaneous petition was also dismissed.

3. Being aggrieved by the said order, the respondent-husband has preferred miscellaneous first appeal as already noted.

4. Learned counsel for the respective parties submit that this appeal may be disposed of in terms of settlement arrived at between the parties before the Bangalore Mediation Center, Bengaluru (BMC). The parties are also present in Court. They have been identified by their respective counsel. The parties also submit in unison that the appeal may be disposed of in terms of settlement arrived at Bangalore Mediation Center, Bengaluru and the judgment and decree dated 08.10.2012 in M.C. No.3650/2011 passed by the II Additional Principal Judge, Family Court at Bengaluru may be confirmed as also the order dated 01.08.2015 passed in Miscellaneous No.3/2013.

5. Memorandum of Settlement under Section 89 of the Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is taken on record. It has been signed by the parties and their respective counsel.

6. Learned counsel for the respondent submits that all the terms and conditions which had to be complied by the respondent regarding the appellant-husband, have been complied. The said settlement has been acknowledged by the learned counsel for the appellant.

7. In the circumstances, this appeal is disposed of in terms of memo of settlement arrived at between the parties which reads as under:

“MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

I. The Appeal is preferred against the order dated 01-08-2015, passed by the II Addl. Principal judge, Family Court, Bangalore in Mis.No.3/2013, which was filed for setting aside the Judgment and decree dated 08-10-2012, passed by the II Addl. Principal judge, Family Court, Bangalore in M.C.No.3650/2011, granting an exparte decree of Divorce in favour of the Respondent herein, against the Appellant herein, under section 13(1)(ia) of the Hindu marriage Act.

That the parties hereby confirm that there is no dispute between their relationship of husband and wife prior to the decree of Divorce herein above referred and the marriage between them was solemnized on 15081992 and there was no child born in their said marital relationship. The Respondent on account of certain differences that she had against the petitioner, she started living separately since February 2011 and the Respondent has filed a Petition in M.C.No.3650/2011, before the II Addl. Principal judge, Family Court, Bangalore under provisions of Section 13(1)(a) of the Hindu Marriage Act against the Respondent for a decree of divorce wherein a judgment and decree was passed on 08-10-2012 in favour of t