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2013 DIGILAW 841 (KAR)

H. v. Akshatha VS Pradhyumna Vedavyasa Adiga

2013-07-25

A.N.VENUGOPALA GOWDA

body2013
Judgment : 1. C.P. No. 239/2012 by the wife is to withdraw M.C. No. 2386/2012 pending in the Court of II Addl. Principal Judge, Family Court, Bangalore and transfer the case to the Family Court at Shimoga, for decision along with M.C. No. 119/2012. 2. C.P. No. 19/2013 is by the husband to withdraw M.C. No. 119/2012 pending in the Family Court at Shimoga and transfer to the Court of the II Addl. Principal Judge, Family Court, Bangalore for being decided along with M.C. No. 2386/2012. 3. The marriage of the parties was solemnized on 13.08.2010 and out of the wedlock a male child was born on 10.11.2011. Due to trivial matters, the spouses are living away from each other for the past few months. Wife has filed M.C. No. 119/2012 in the Family Court at Shimoga, to pass a decree for restitution of conjugal rights. Husband has filed M.C. No. 2386/2012 in the Family Court at Bangalore, for passing a decree of divorce. 4. Seeing elements of settlement, on 18.04.2013, these petitions were directed to be placed before the Bangalore Mediation Centre and the parties and their learned advocates were directed to appear before Bangalore Mediation center on 06.05.2013. The parties having appeared in the Bangalore Mediation Center, the mediation having not materalized, the dispute having not been resolved and the parties preferred to obtain the order from the Court, the record was returned. 5. On 19.07.2013. after hearing the learned advocates for the parties and finding that the misunderstanding between the parties appeared to be trivial and can be sorted out, Sri. H. Subramanya Jois, learned Senior advocate and Sri S.V. Prakash, learned advocate were requested to conciliate between the parties. Said course of action was undertaken by keeping in view the provision under S.5 of the Family Courts Act, which enjoins upon the Court to make efforts to settle the matrimonial disputes and also keeping in view the decision of the Apex Court in the case of K. Srinivas Rao Vs. D.A. Deepa, (2013) 5 SCC 226 . 6. Today, Sri. H. Subramanya Jois and Sri. S.V. Prakash, submitted that the parties have resolved the trivial matrimonial disputes and have agreed to terminate their disputes amicably and lead a happy and meaningful marital life. D.A. Deepa, (2013) 5 SCC 226 . 6. Today, Sri. H. Subramanya Jois and Sri. S.V. Prakash, submitted that the parties have resolved the trivial matrimonial disputes and have agreed to terminate their disputes amicably and lead a happy and meaningful marital life. The efforts made by the learned advocates to bring the parties together and resolve trivial matrimonial disputes, which had assumed serious proportions, resulting in filing of the cases, notices supra, is required to be appreciated and placed on record. Both the learned advocates have done a commendable job to unite the parties. 7. Both the parties with child are before the Court. Both of them, in one voice, submitted that they have resolved the trivial matrimonial disputes, which had suddenly erupted leading to misunderstandings. Both the parties in the presence of their learned advocates submitted that the two cases pending in the Trial Courts be terminated. Both the parties submitted that they would live together with the child and there is no need for deciding either these petitions or two matrimonial cases, noticed supra, pending in the Family Courts. In view of parties coming together and the submissions made by Sri. H. Subramanya Jois and Sri. S.V. Prakash, it is ordered as follows: 1) These petitions stand disposed off, as having become unnecessary. 2) In view of the spouses joining together, M.C. No. 119/2012 pending on the file of the Family Court at Shimoga, filed under S.9 of the Hindu Marriage Act, to pass an order of restitution of conjugal rights has rendered itself infructuous. The learned Judge of the Family Court at Shimoga shall terminate proceedings of the said case accordingly. 3) M.C. No. 2386/2012 pending on the file of the II Addl. Principal Judge, Family Court at Bangalore, filed under S.13(1)(1a) of the Hindu Marriage Act, 1955 shall stand dismissed as not pressed. The learned II Addl. Principal Judge, Family Court at Bangalore shall terminate the proceedings in M.C. No. 2386/2012 accordingly. Before parting with these petitions, I would like to record my deep appreciation for the extremely valuable assistance provided by Sri. H. Subramanya Jois and Sri. S.V. Prakash, in the matter of brining together the parties and sorting out the matrimonial disputes, which had led to litigation in the Family Courts.