Settlement through mediation can lead to the dismissal of appeals in matrimonial disputes.

JUDGMENT/ORDER

ALOK ARADHE, J. - MFA No.6349/2015 and MFA No.6350/2015 arise out of common judgment and decree dtd. 23/7/2015 passed in M.C.No.2089/2005 and M.C.No.279/2004.

2. MFA No.6349/2015 has been filed by the appellant/husband being aggrieved by the judgment and decree dtd. 23/7/2015 passed in M.C.No.2089/2005 by which the petition filed by the respondent/wife under Sec. 9 of the Hindu Marriage Act, 1955, has been allowed.

3. MFA No.6350/2015 has been filed by the appellant/husband being aggrieved by the judgment and decree dtd. 23/7/2015 passed in M.C.No.279/2004 by which the petition filed under Sec. 13 of the Hindu Marriage Act, 1955, has been dismissed.

4. Learned counsel for the parties while inviting attention of the Court to the report submitted by the Bangalore Mediation Centre, submit that the dispute between them has been amicably resolved. The terms and conditions of the agreement arrived at between the parties reads as under :-

"MEMORANDUM OF AGREEMENT UNDER Sec. 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

The parties above named submit as follows:

I. The above appeal is filed by the appellant u/s 19(1) of the Family Court Act, against the judgment and decree dtd. 23/7/2015 passed in M.C.No.2089/2005 on the file of the 6th Addl. Prl. Judge, Family Court, at Bangalore.

II. The above appeal is referred for mediation for resolving the dispute between the parties. During the course of mediation both the parties have resolved their difference and have agreed to the following terms:-

III. The respondent had filed a petition in M.C.No.2089/2005 on the file of the VI Addl. Prl. Judge, Family Court, Bengaluru u/s 9 of the Hindu Marriage Act, 1955 against the appellant seeking a decree for restitution of conjugal rights. The said petition was allowed on 23/7/2015 against which the present appeal MFA No.6349/2015 is preferred.

IV. In view of this settlement arrived by both the parties in MFA No.6350/2015. The appellant shall not press the above appeal.

V. Parties will appear before this Hon'ble High Court of Karnataka, Bangalore for passing appropriate orders."

5. We have perused the memorandum of agreement which has been duly signed by learned counsels as well as their parties.

6. In view of the compromise arrived at between the parties, the appellant does not intend to press both the appeals. In the result the same are dismissed.