A.V. SUMA Vs. M.R. PRASAD

JUDGEMENT

(1.) LEARNED counsel on both sides submit that the parties have arrived at a settlement as per the memorandum of Compromise dated 27.01.2015. The appellant and the respondent are present in Court and are identified by their respective Counsel. On being asked by the Court, both the appellant and the respondent submitted that the terms of settlement have been explained to them by their respective Counsel and they are agreeable for the same. Learned counsel on both sides submit that the appeal may be disposed of in terms of the compromise. The memorandum of compromise reads as follows:

(2.) BOTH the parties submit that they have one female child born out of their wedlock by name Kum. Sindhu, aged about 16 years, born on 15 -08 -1998.

(3.) DURING the period of separation, the elders and well wishers of the parties tried to patch up the matter and made all sorts of effort to reunion the appellant and the respondent, but it went in vain. Even during the course of mediation, despite best efforts, both the appellant and the respondent have not been able to eschew their difference and reconcile. Both the appellant and respondent state that it is impossible for them to rejoin and to lead a happy marital life at this stage and their marriage is irretrievably broken down. Thereafter, the respondent filed M.C. 21/2005 New No. M.C. 5/2013 and the decree was passed by Family Court, Hassan in the said case on 18 -11 -2013. Again, the appellant filed the present M.F.A for setting aside the order passed by Family court at Hassan, both parties have resolved their dispute and decided to dissolve their marriage and agreed for certain terms and conditions as follows;