PRAKASH MARTIN TEGUR Vs. JOYCE SAMUEL

JUDGEMENT

(1.) The legality and correctness of the decree of divorce granted by the Principal Judge, Family Court, Bangalore dt. 8.6.2012 passed in M.C. No. 3578/2011 is called in question in this appeal. The parties herein are Christians. Their marriage was solemnized on 31.12.2007 as per the Christians Rites and it was registered on 31.12.2007 and the registration certificate indicates that the marriage was registered under the provisions of The Indian Christian Marriage Act 1872.

(2.) Unfortunately, a joint petition was filed by the parties u/s 28 of The Special Marriage Act 1954. The matter was referred to the Mediation Centre. The parties have settled their dispute before the Mediation Centre. The Mediation Centre has also accepted the terms of settlement and a Memorandum of agreement as required u/s 89A of CPC came into existence. Thereafter, the settlement arrived at before the Mediation Centre was accepted by the court below dissolving the marriage solemnized between the parties on 31.12.2007 as per the provisions of The Indian Christian Marriage Act 1872. The legality and correctness of the same is called in question in this appeal.

(3.) The only point canvassed by the learned counsel for the appellant is that when the parties are Christians and their marriage has been solemnized as per the Christians Rites and registered under the Indian Christian Marriage Act, petition filed invoking the provisions of Special Marriage Act for dissolution of their marriage was not maintainable. This fact is not disputed by the counsel for the respondent.