HENRY SAMPATH RAJ Vs. ELLEN QUADRES

JUDGEMENT

(1.) THIS appeal by the husband arises out of the impugned judgment and decree dated 4.8.2009 passed in MC.No.1544/2002 on the file of III Additional Principal Judge, Family Court, Bangalore, wherein the petition filed by the respondent herein under Section 10(x) of the Divorce Act was allowed dissolving the marriage solemnised between the appellant and respondent on 22.7.2000 on the ground of cruelty by granting decree of divorce as prayed for in the petition.

(2.) WHEN this matter came up for consideration on several occasions, the learned counsel appearing for the parties sought time to explore the possibility of amicable settlement. After due deliberation in the matter and with sincere efforts by the learned counsel appearing for the parties, the matter has been settled. Accordingly, the parties have filed a joint memo dated 3.7.2012 duly signed by them and countersigned by their respective counsel. The appellant and respondent are present before the court and their presence is placed on record. Accordingly, the learned counsel appearing for the parties submit that in view of the terms and conditions of the joint memo, the instant appeal may be disposed of.

(3.) IN the light of the terms and conditions stipulated in the joint memo at paragraphs 1 to 8 and for the reasons stated therein and in the light of the submission made by the learned Counsel for the parties, the impugned judgment and decree dated 4.8.2009 in MC.No.1544/2002 on the file of III Additional Principal Judge, Family Court, Bangalore, is hereby confirmed dissolving the marriage solemnised between the parties herein on 22.7.2000 in the interest of justice and equity. Accordingly, the respondent is directed to withdraw the execution petition filed on the file of Additional Principal Family Court, Bangalore. Further, the parties herein hereby accord and confirm that they do not have any claim or demand of whatsoever nature against each other.