MFA/2180/2024 of G P SANJAY Vs SMT C N MAMATHA on 2 July 2026

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present appeal has been filed under Section 28(1) OF Hindu Marriage Act, impugning the judgment and decree dated 02.01.2024 in MC.No.211/2022 passed by the Court of the Principal Senior Civil Judge and C.J.M at Mandya.

2. The matter was referred to the Karnataka Mediation Centre with the consent of parties and the parties have settled their dispute. The present appeal was filed under Section 19(1) of the Family Courts Act by the husband/appellant against the order dated 02.01.2014 passed by the Court of the Principal Senior Civil Judge and C.J.M at Mandya in MC.No.211/2022, whereby decree of divorce has been granted on allegation under Section

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13(1)(i-a) of the Hindu Marriage Act, 1955. The appellant/husband has been directed to pay maintenance of Rs.5,000/- p.m., to the respondent/wife.

3. During the pendency of this appeal the matter was referred to Karnataka Medication Centre at Bengaluru and the parties have settled their dispute amicably in terms of the Memorandum of Agreement signed by them, which reads as under: "MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. The parties above named submit as follows: I. The above appeal has been filed by the appellant u/s 19(1) of the Family Courts Act, against the respondent aggrieved by the order dated 02.01.2024 so far as passed in M.C. No. 211/2022, by the Principal Senior Civil Judge and CJM at Mandya, under Section 13(1) (i-a) of the Hindu Marriage Act. So far it relates to the award of maintenance of Rs.5,000/- (Rupees Five Thousand Only) per month to the respondent.

II. The above appeal was referred to mediation for resolving the disputes between the parties. During the course of mediation, the Appellant and the respondent along with their counsels was present

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and both the parties have resolved their disputes and have agreed to the following:

a. The respondent/wife in the above appeal does not press the award of maintenance granted by the trail court in her favour.

b. The respondent further declare that she shall not claim any maintenance against the Appellant even in future.

c. The respondent hereby declares that apart from the above arrangement she shall not have any claims either past, present or in future against the appellant herein towards her maintenance or alimony.

III. In view of the aforesaid agreement entered into between the parties, the appellant herein pray this Hon'ble Court may be please to modify the decree so far as its relates to awarding of maintenance to the respondent by order dated 02.01.2024 passed in M.C. No. 211/2022 by the Principal Senior Civil Judge and CJM at Mandya, in terms of the above agreement.

IV. Parties will appear before the Hon'ble High Court of Court of Karnataka, Bengaluru, for passing orders in terms of the settlement/agreement."

4. The parties are present before this Court who have been duly identified by their respective counsel. The parties state that they have entered into the Memorandum of Agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil

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Procedure (Mediation) Rules, 2005, out of their free will, without any force and undue influence and they shall abide by the terms and conditions of Memorandum of Agreement. We therefore, dispose of this appeal in terms of the Memorandum of Agreement.

In view of disposal of this appeal, pending interlocutory applications if any, does not survive for consideration and the same stands disposed of.

Sd/- (D K SINGH) JUDGE

Sd/- (T.M.NADAF) JUDGE

PK List No.: 1 Sl No.: 37 ct-vn