LAWS(KAR)-2016-7-87

SMT. BASANTHI Vs. SRI. ASHOK S. THALANGE

Decided On July 28, 2016
Smt. Basanthi Appellant
V/S
Sri. Ashok S. Thalange Respondents

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 15-3-2016 passed by the Additional Family Judge, Bengaluru, in M.C. No. 4760 of 2014 at Annexure-D to the petition.

(2.) The petitioner is the wife of the respondent. Due to certain marital discord, the petitioner herein filed a petition under Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955 ('the Act' for short) in M.C. No. 4760 of 2014. By the said petition, the petitioner herein had sought that the marriage which was solemnized between the petitioner and the respondent on 21-2-2000 at Sri Jagadguru Panchacharya Mangalya Mandira, Gadag, be dissolved by a decree of divorce.

(3.) The objections no doubt was filed by the respondent to the said petition and the petition was pending consideration before the Family Court. At that stage, keeping in view the provision contained in Sec. 89 of Civil Procedure Code, 1908 and there being an obligation on the Court to refer the matter to mediation, the Court below had referred the petition to the Bangalore Mediation Centre. In the process of mediation, the parties have arrived at a settlement whereby a consent was recorded for dissolving the marriage solemnized on 21-2-2000. Accordingly, a Memorandum of Settlement under Sec. 89 of Civil Procedure Code, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 was drawn out.