IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 27TH DAY OF AUGUST 2014

PRESENT

THE HON'BLE MR. JUSTICE K.L.MANJUNATH

AND

THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA

MFA NO.8182/2012(FC)

BETWEEN:

RASHMI AGED ABOUT 34 YEARS W/O RAGHAVENDRA S D/O P VASUDEVAN OCC:PROJECT COORDINATOR R/A NO.16, A BLOCK AECS LAYOUT KUNDANAHALLI, BROOKFIELDS BANGALORE-560037. ... APPELLANT

(BY SRI SIDDHARTH B MUCHANDI, ADV. )

AND:

RAGHAVENDRA S AGED ABOUT 43 YEARS S/O N SRINIVASA MURTHY OCC:BUSINESS R/A NO.9/13 EAST END CIRCLE MAIN ROAD 9TH BLOCK, JAYANAGAR BANGALORE-560066. ... RESPONDENT

(BY SRI K G SADASHIVAIAH, ADV. )

THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED:11.06.2012 PASSED IN M.C.NO.1175/2008 ON THE FILE OF THE ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT-IV, BANGALORE, DISMISSING THE PETITION FILED U/S 13(1)(ia) AND (ib) OF HINDU MARRIAGE ACT, FOR THE RELIEF OF DISSOLUTION OF MARRIAGE.

THIS APPEAL COMING ON FOR ORDERS, THIS DAY, K.L.MANJUNATH J., DELIVERED THE FOLLOWING:

JUDGMENT

Aggrieved by the dismissal of the petition filed by the appellant before the Addl. Prl. Judge, Family Court-IV, Bangalore, in M.C.No.1175/2008 dated 11.06.2012, the present petition is filed.

2. The appellant and the respondent married as per their custom on 02.10.1998 at Bangalore. In the wedlock, they have a son born on 01.09.2003 named as Rohan R.Reddy. The child is with the appellant. The parties are living separately. The appellant filed a petition for grant of decree of divorce on the ground of cruelty and desertion.

3. The petition filed by the appellant for grant of decree of divorce came to be dismissed. Therefore, the present appeal is filed.

4. Parties have settled their dispute amicably. They agree that they cannot live together, in view of the incompatibility. Therefore, the respondent has no objection for this Court to set aside the judgment and decree of the Trial Court to grant a decree of divorce dissolving the marriage solemnized between them on 02.10.1998.

5. The respondent has also agreed to pay a sum of Rs.1,50,000/- (Rupees One Lakhs Fifty Thousand Only) per year on or before 30th April every year commencing from 2015 towards education expenses and maintenance of his son Rohan R.Reddy. Appellant-wife has no objection to grant visitation rights to the respondent-husband as detailed in the compromise petition.

6. Compromise petition is signed by both the parties and their Advocates. Parties admit the compromise petition.

7. In terms of the compromise petition, the judgment and decree passed by the Prl. Judge, Family Court-IV, Bangalore, on 11.06.2012 in M.C.No.1175/2008 is set aside. Petition filed by the appellant for grant of decree of divorce is allowed. The marriage solemnized between the parties on 02.10.1998 is hereby dissolved.

Parties to bear their own costs.

In view of the disposal of the appeal, I.A.1/2012 stands disposed of.

Sd/- JUDGE

Sd/- JUDGE

JT/- CT/RH