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MFA No. 100303 of 2023

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 13^TH DAY OF APRIL, 2023

PRESENT

THE HON'BLE MR JUSTICE R.DEVDAS

AND

THE HON'BLE MR JUSTICE RAJESH RAI K

MISCELLANEOUS FIRST APPEAL NO. 100303/2023 (FC)

BETWEEN:

SMT. N ARATHI W/O. L. VIRUPAKSHA REDDY,

AGE: 42 YEARS, OCC.: HOUSEHOLD,

R/O. C/O. DODDABASAPPA,

KALLURKUTIGINAHAL VILLAGE, GOTUR,

POST: BALLARI, TQ AND DIST. BALLARI,

NOW RESIDENT OF NO.463, 2ND MAIN ROAD,

SANGAM CIRCLE, JAYANAGAR, 8^TH BLOCK,

BANGALORE-560082.

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APPELLANT

(BY SRI. SHIVASAI M PATIL, ADVOCATE)

AND:

1.

SHRI. L. VIRUPAKSHI S/O T.L.VEERA REDDY,

AGE: 55 YEARS, OCC. EX-SERVICEMAN,

R/O. HOUSE NO.3-21, PUTAKAL MARRI VILLAGE,

ASPARI MANDALAM, KURNOOL DIST.-518347,

ANDHARA PRADESH.

2.

THE BRANCH MANAGER,

STATE BANK OF INDIA, MAIN BRANCH,

RAILWAY STATION ROAD, ADONI,

KURNOOL DIST.-518301,

ANDHARA PRADESH.

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RESPONDENTS

(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE FOR R1,

NOTICE TO R2 IS ISSUED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.19(1) OF THE

FAMILY COURT ACT, AGAINST THE JUDGEMENT AND DECREE DATED

09.12.2022, PASSED IN MATRIMONIAL CASE NO.166/2020 ON THE FILE

OF THE PRINCIPAL JUDGE FAMILY COURT BALLARI & ETC.

VINAYAKA

B V

Digitally

signed by

VINAYAKA B

V

Location:

DHARWAD

Date:

2023.04.20

16:52:30 -

0700

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MFA No. 100303 of 2023

THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR FINAL

HEARING, THIS DAY, THE R.DEVDAS J., MADE THE FOLLOWING:

ORDER

R.DEVDAS J., (ORAL):

The first respondent-husband had filed a matrimonial case

under Section 13(1)(1a)(1b) of the Hindu Marriage Act seeking

dissolution of the marriage between the parties which was

solemnized on 16.06.1997. The Principal judge, Family Court,

Ballari, allowed the petition and passed a decree dissolving the

marriage. Orders were passed on I.A. No. 5 regarding alimony and

the amounts to be deposited in fixed deposit in the name of the

children. The appellant-wife has filed this Miscellaneous First

Appeal challenging the judgment and award passed by the

Principal Family Court.

2.

During the course of these proceedings the matter was

referred for mediation. The parties have amicably settled the

dispute and accordingly a memorandum of agreement under

Section 89 of the CPC read with Rules 24 and 25 of the Karnataka

Civil Procedure (Mediation) Rules, 2007 has been prepared and

signed by the parties. The parties have agreed that the decree of

dissolution of marriage may be set aside and the parties are ready

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MFA No. 100303 of 2023

and willing and have agreed to join the company of each other and

lead married life as husband and wife. The parties have also made

some arrangements regarding the amount lying in the State Bank

of India (Savings Bank Account) amounting to Rs.34,60,000/-.

Learned counsels on both the sides would therefore submit that the

judgment and decree passed by the trial Court may accordingly be

modified by setting aside the decree of dissolution of marriage.

3.

Accordingly, the appeal is partly allowed in terms of the

memorandum of agreement entered into between the parties. The

petition filed at the hands of the first respondent is decreed in terms

of the memorandum of agreement. Ordered accordingly.

4.

We place on record our appreciation of the efforts of the

learned Mediator who has successfully mediated the matter and

has paved way, saving a family.

Sd/-

JUDGE

Sd/-

JUDGE

BVV

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