LAWS(KAR)-2010-1-4

N RAMACHANDRAPPA Vs. M GEETHA

Decided On January 13, 2010
N.RAMACHANDRAPPA Appellant
V/S
M.GEETHA Respondents

JUDGEMENT

(1.) Petitioner is the husband. Respondent is the wife. The marriage was solemnized on 16.5.1991. During the wedlock the respondent-wife gave birth to two children. The relationship between the husband and the wife are strained, inasmuch as, there is lot of acrimony between them. Having regard to the animosity between the husband and wife, the wife initiated proceedings under Section 125 of Code of Civil Procedure against the husband seeking maintenance. She also lodges a criminal complaint under Section 498A read with Section 34 of Indian Penal Code as against the husband and his family members. It is their case that several unpleasant instances have taken place wherein both the husband and wife have quarreled and also hurled abuses at each other.

(2.) Learned Counsel for the petitioner submits that the matter was referred to the mediation center by the Family Court itself so that the matter could be thrashed out without going through the agony of a full-fledged trial. He further submits that the decision which is sought to be pressed into service by the Family Court has no application to the case on hand. According to him, since all the allegations traded against each other having been withdrawn, the question of the husband entering into the witness-box and stating his, would be wholly redundant.

(3.) Sri. M.S. Harinath, learned Counsel for the respondent submits that the wife stands by the settlement arrived at between the parties. He submits that the wife would be extremely happy if the Family Court would put a seal of dissolution and also on the memorandum of settlement arrived at between the parties before the mediation center.