N. SRIKRISHNA BHAGAVANULU Vs. NARLAJARLA SAROJINI RATHNAM

JUDGEMENT

(1.) Though this appeal is listed for Orders, learned counsel for respective parties submit in unison that the appeal may be disposed of in terms of Settlement arrived at between the parties before the Bengaluru Mediation Center, (BMC), Bengaluru.

(2.) Respondent herein had filed a petition in M.C. No. 3650/2011 under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for the sake of brevity). By judgment and decree dated 08.10.2012, II Additional Principal Judge, Family Court, Bengaluru allowed the said petition and granted an order of dissolution of marriage between the parties by passing a decree of divorce under Section 13 (1)(i-a) of the Act. Contending that the said decree was an ex parte decree, respondent-husband preferred Miscellaneous petition in Mis. No. 3/2013 before the II Additional Principal Judge, Family Court, Bengaluru seeking recall of the judgment and decree passed by the said Court. There was a delay of 28 days in preferring the said Mis. No. 3/2013. By impugned order dated 01.08.2015, II Additional Principal Judge, Family Court, Bengaluru dismissed the application seeking condonation of delay. Consequently, the miscellaneous petition was also dismissed.

(3.) Being aggrieved by the said order, the respondent-husband has preferred miscellaneous first appeal as already noted.