ARVIND KUMAR, AGED ABOUT 32 YEARS, S/O LATE OM PRAKASH, R/O. NO. 35, TELECOM LAYOUT, HBR IV BLOCK. NAGAVARA, BANGALORE Vs. SMT. SHITAL VERMA, AGED ABOUT 36 YEARS, W/O ARVIND KUMAR, R/A. NO.75, GF, 3RD MAIN, AMAR IYOTI LAYOUT, CHOLANAGAR, BENGALURU

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 02.01.2016 passed on I.A.No.2 in M.C.No.2858/2013. The said order was passed while considering an application which was filed under Sec. 26 of the Hindu Marriage Act, 1955, ('the Act' for short) seeking interim maintenance towards maintenance of the child.

(2.) The Court below through the order dated 001.2016 had disposed of the said application granting Rs. 5,000.00 per month which is assailed herein. In the instant petition, this Court on taking note of the larger issues involved in the dispute between the parties, being of a nature which would have to be mediated, had referred this petition to the Bangalore Mediation Centre through the order dated 29.09.2016. In the Bangalore Mediation Centre, the Mediator after having held several rounds of discussion with the petitioner and the respondent and also taking into consideration that apart from the petition in M.C.No.2858/2013, a petition relating to the custody of the child in G & WC No.150/2013 was pending, had held a composite discussion and the Memorandum of settlement dated 31.01.2017 has been entered in order to bring all litigations to an end. The said Memorandum, of settlement has been dispatched to this Court along with the report of the Bangalore Mediation Centre. It is in that circumstance the petition is listed before this Court to consider the same.

(3.) Though the instant petition relates to the interim order passed in M.C.No. 2858/2013 and the Memorandum of settlement entered into between the parties is to be recorded in the main proceedings in M.C.No.2858/2013 and G & WC No.150/2013 and for the said purpose, the Memorandum is to be dispatched to the Court below, it is also necessary to make further observations in the instant petition so as to enable the Family Court to act in the appropriate manner to take into consideration the Memorandum of settlement and dispose of the matter in accordance with the agreement reached between the parties.