Sri Pavan Raghunath vs Smt. K.V. Archana

N.K. Patil, J.—The appellant being aggrieved by the impugned Judgment and Decree dated 1st April, 2010 passed in M.C. No. 79/2009 on the file of the learned Judge, Family Court, at Davangere, has presented this appeal. We have heard the learned Counsel appearing for the appellant, Sri T.N. Raghupathy and learned Counsel appearing for respondent, Sri G. Krishnamurthy.

When this matter had come up for consideration on 03.01.2012, the Counsel appearing for both the parties on instructions from appellant and respondent submitted that they are exploring the possibility of amicable settlement and therefore, this Court granted two weeks'' time till today.

Today, during the course of the submissions, learned Counsel for both the parties have filed the application u/s 13(b)of Hindu Marriage Act,. 1955 read with order XXIII Rule 3 of CPC and submitted that the matter has been settled amicably between the parties as per terms and conditions of Compromise Petition dated 11.2.2012 which is duly signed by the appellant and respondent and their respective Counsels.

The appellant and respondent are also present before the Court and their presence is placed on record.

Execution is admitted by the parties before the Court as envisaged u/s 13(1)(1b) of the Hindu Marriage Act.

The statements made in the compromise petition read thus:

The appellant and respondent above named respectfully submit as follows:

The Respondent filed petition u/s 12(1)(c) of Hindu Marriage Act The Appellant appeared and filed statement of objection. The Hon''ble Family Court has been pleased, to allow the petition and declared that marriage between the Appellant and Respondent performed on 17.11.2008 as null and avoid as per order dated 1.4.2010.

The appellant challenged the said order in the above appeal. This Hon''ble Court has been pleased to refer the matter to the Mediation Centre to resolve the dispute by entering into mediation. Despite best efforts, the same has not been resolved.

The marriage between the appellant and respondent was performed on 17.11.2008 at Sri Sukruteendra Kala Mandira, MCC A Block, Davangere. The appellant and respondent are residing separately from 21.5.2009 till date. There is a serious incompatibility between the parties. The parties could not resolve the issue before the Mediation. In view of the same, both the parties have decided to get their marriage dissolved by consent. The appellant and respondent hereby withdraw the averments and allegations made in the petition M.C. 79/2009 filed by the respondent before the Family Court and objection filed by the appellant.

The appellant and respondent submit that they have taken decision to get their marriage dissolved by their own volition. There is no coercion or force from any one to file this petition. Despite best efforts the dispute between the parties is irreconcilable. Under the circumstances, it is just and necessary to modify the judgement and order passed by the Hon''ble Family Court by granting decree of Divorce by mutual consent. If such an is not passed, both the appellant and respondent will be put to great loss, hardship and justice will suffer. The allegations and counter allegations made in M.C. Petition are hereby withdrawn.

WHEREFORE, the appellant and respondent pray that this Hon''ble Court may be pleased to grant Decree of Divorce by modifying the order of the. Hon''ble Family Court in the interest of justice.

In the light of the terms and conditions and for the reasons stated in the application as stated supra, the instant appeal filed by the appellant stands disposed of granting decree of divorce by modifying the judgement and decree dated 1st April 2010 passed in M.C. No. 79/2009 on the file of the learned Judge, Family Court at Davangere, in the interest of justice and at the risk of the appellant and respondent.

In view of the disposal of the main appeal, the relief sought for in the Misc. Cvl. application does not survive for consideration. Hence, stands dismissed as having become infructuous.