SIRSENDU ROY Vs. ANAMIKA ROY AKA ANAMIKA BANERJEE

JUDGEMENT

(1.) Though this writ petition is listed for preliminary hearing, with the consent of the learned counsel appearing for both the parties, it is heard finally.

(2.) Petitioner is the husband, while the respondent is the wife. Petitioner-husband had filed M.C.No.2670/2014 before the Principal Judge, Family Court, Bengaluru seeking judicial separation from the respondent-wife. As a counter blast to the said petition, the respondent-wife sought for dissolution of marriage between the parties which had taken place on 11.5.1995 at Kolkata. The matter was referred to Bangalore Mediation Centre attached to Family Court, Bengaluru. Parties mutually arrived at a detailed Settlement of their disputes. Memorandum of Agreement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation Rules), 2005 was drawn up. The Memorandum of Agreement was signed by the parties and their respective counsel on 28.7.2017. Subsequently, the matter was posted before the Principal Judge, Family Court, Bengaluru for acceptance of Memorandum of Agreement and for issuance of directions for drawing up a decree for dissolution of marriage. At that stage, the Family Court Judge noted that the respondent herein had resiled from the Settlement whereas the petitioner herein had filed a memo on 112017 and 3.1.2018 for orders to be passed on the Settlement. Considering the aforesaid facts and on hearing learned counsel appearing for the respective parties, the Family Court, Bengaluru rejected the memos filed by the petitioner herein vide order dated 17.1.2018 (Annexure-P). Being aggrieved by the said order, petitioner-husband has assailed the same in this writ petition.

(3.) On the last occasion, when the matter was listed before this Court on 11.9.2018, on hearing the respective counsel for the parties, they were requested to ascertain whether there would be any final settlement of the matter. Today, learned counsel appearing for the respective parties in presence of their parties have filed a Joint Affidavit stating that the dispute between the parties has been finally settled and that there is no other reason or impediment as to why the Settlement arrived at between the parties before the Mediation Centre and further Settlement arrived at between them before this Court could not be accepted and a quietus be given to the matter.