YASHASWINI v. A S VASANTH KUMAR

IN M.C.NO.2712/2012 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955 FOR DISSOLUTION OF MARRIAGE. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, A.S.BOPANNA J., DELIVERED THE FOLLOWING: JUDGMENT The appellant-wife is before this Court assailing the judgment dated 17.03.2016 passed in M.C.No.2712/2012. The appellant-wife was before the Court below in a petition filed under Section 13(1)(ia) of the Hindu Marriage Act,1955 seeking dissolution of the marriage. The Court below, after taking note of the rival contentions, has dismissed the petition. It is in that circumstance, the appellant is before this Court.

2. During the pendency of this appeal, matter was referred to Bangalore Mediation Centre to explore the possibility of settlement between the parties through mediation. In the process of mediation, a memorandum of agreement under Section 89 of C.P.C. is drawn up whereby the terms between the parties have been agreed and since the parties are of the opinion that their marriage has irretrievably broken down, have thought it fit to seek dissolution of marriage. In that light, they have agreed to put forth the said agreement before this Court obtain orders herein for dissolution. The parties are present before this Court and on enquiry, they submit that they adhere to the terms agreed before the Mediation Centre and it is voluntary.