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2022 Supreme(Kar) 1415

K. S. MUDAGAL, S. RACHAIAH
G. Pavithra @ Lakshmi, W/o. B. T. Srinivasa Murthy, D/o. Shankarappa – Appellant
Versus
B. T. Srinivasa Murthy, S/o. Thimmaiah – Respondent


Advocates Appeared:
For the Appellant : Sri M. Chidananda Kumar.
For the Respondent: Sri P. Nataraju.

JUDGMENT :

Heard both side.

Aggrieved by the compromise decree dated 08.04.2014 the petitioner in M.C.No.49/2011 on the file of the Civil Judge (Sr.Dn) & CJM, Chamarajanagar has preferred this appeal.

2. For the purpose of convenience, the parties will be referred according to their ranks before the trial Court.

3. The petitioner and respondent are Hindus. Their marriage was solemnized on 20.04.2007 as per their custom and rituals. The petitioner filed M.C.No.49/2011 under Section 13(1) (ia) and (ib) of Hindu Marriage Act, 1955 (‘the Act, 1955’ for short) against the respondent seeking decree of dissolution of marriage on the ground of cruelty and desertion. The respondent contested the said petition by filing his statement of objection.

4. After both the parties adduced their evidence and when the matter was listed for arguments on 08.04.2014 a compromise petition was filed before the trial Court. It was stated in the compromise petition that the marriage between the parties is irretrievably broken down and at the advise of elders and well wishers the respondent has given consent for dissolution of marriage. It was further stated in the compromise petition that the petitioner has given

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