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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF APRIL, 2021

PRESENT

THE HON’BLE Mr. JUSTICE G. NARENDAR

AND

THE HON’BLE Mr. JUSTICE SHIVASHANKAR AMARANNAVAR

M.F.A. No. 2506/2019

BETWEEN :

--------------

Preetham Stanley

S/o. Isaiah Stanley

Aged about 41 years

R/a. Door No. 1298

7^th Cross, 2^nd Stage

Rajivnagar

Mysore – 570 019.

Working as Lab Technician

I.B.R.I. Hospital

Ministry of Health

I.B.R.I. Hospital

I.B.R.I., Muscat

Post Box No. 46

Sultanate of Oman

Postal Code 516.

… APPELLANT

(By Sri. Srinivas D.C., Adv.)

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AND :

-------

Emlin Preetham

W/o. Preetham Stanley

Age 37 years

R/a. # 198, 1^st Floor

Behind Sri. Sathya Saibaba Temple

Urdu Teachers Layout

Moulin Nagar

Near Ring Road

N.R. Mohalla

Mysore.

… RESPONDENT

(By Sri. Praveen Hegde, Adv.)

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This MFA is filed under Section 55 of the Indian Divorce

Act against the judgment and decree dated 17.12.2018

passed in MC No. 641/2015 on the file of the Principal Judge,

Family Court, Mysuru, dismissing the petition filed under

Section 10(ix) (x) of the Divorce Act.

This

MFA

coming

on

for

Admission

this

day,

SHIVASHANKAR AMARANNAVAR, J, delivered the following;

J U D G M E N T

The appellant has filed this appeal challenging the

judgment and decree passed in M.C. No. 641/2015 dated

17.12.2018 by the Principal Judge, Family Court, Mysuru,

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whereunder the petition filed by the appellant/petitioner

under Section 10(ix) and (x) of the Indian Divorce Act, 1869,

came to be dismissed. Operative portion of the said order

reads thus:

“Petition filed by the petitioner under section

10(ix), (x) of the Divorce Act, 1869 is hereby

dismissed.

However,

it

is

hereby

directed

to

the

respondent, to get the suitable rented premises for

Rs.5,000/- or Rs.6,000/- per month, within two

months from the date of this order and that she

shall pay rent of that premises till the petitioner

gets job and then the petitioner shall pay the rents

to that premises and that such rental premises

shall not be of her parents and that they may

secure suitable own premises as per Law.

It is directed to the respondent to lead happy

marital life with the petitioner in the premises taken

on rent which shall be taken within three months.

Both the petitioner and the respondent shall

be dutiful father and mother towards their child

and to protect the child’s right.”

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2. During the pendency of this appeal the parties were

referred to the Bengaluru Mediation Centre to explore the

possibility of settlement in the appeal. The matter has been

settled before the Mediation Centre and the parties have

entered in to a memorandum of agreement under Section 89

of CPC read with Rules 24 and 25 of the Karnataka Civil

Procedure (Mediation) Rules, 2012. The terms of settlement

are as under:

“The appellant and the respondent are

husband and wife and their marriage was

solemnized on 15.10.2006 at Wesley Church,

Mysuru, in accordance with Christian rites and

rituals. It is stated that they have a 12 year old son

named Kelvinston, who presently lives with the

respondent. It is further stated that, due to

incompatibility and misunderstanding they were

living separately past several years. Both the

parties have now decided to reunite and agreed to

live together as husband and wife along with their

minor son Kelvinston. Both parties are agreeable to

keep back their past and think of their future for

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themselves and for their son and with these

thoughts both the parties are agreeing for Reunion

on a few following terms:

1. The

appellant

and

the

respondent

voluntarily agreed for a reunion and

desired to live a happy married life with

each other along with their minor son.

2. The appellant has agreed to make a

separate house for his family and in

this regard he further states that he has

already se