N.K. Patil, J.@mdashThis appeal is arising out of the impugned judgment and decree dated 13.09.2011 passed in MC No. 40/2011 on the file of the Additional Judge, Family Court-VI, Bangalore. Learned counsel appearing for both the parties submitted that, the matter has been amicably settled in terms of compromise petiton filed under Order 23, Rule 3 R/w. Section 151 of C.P.C., dated 04.06.2012 duly signed by the learned counsel appearing for the appellant and respondent and also signed by the appellant and respondent and the same is taken on record.
2. The statements made in the Compromise petition dated 04.06.2012 read thus:
1. It is submitted that, the above appeal is filed challenging the Ex-parte Decree dated 13/09/2011 passed in Case Na. M.C.No.40/ 2011 filed before Hon''ble VI Addl. Family Court, Bangalore, dissolving the marriage between the respondent and appellant dated 6/ 12/2007.
2. It submitted that in the meanwhile due to the interveni-ion -If elders and well wishers of both the parties have agreed to the following terms and settled the appeal as well as petition in M.C.No.40/ 2011.
3. The respondent in the above matter has no objection to allow this appeal and the respondent herewith undertaking that he would look after/ maintain his wife and son with lots of love and affection as a dutiful husband and at any point of time he would not neglect his family.
4. The appellant undertakes that she would take care of her family like a conservative religious woman with high moral of life.
5. It is submitted that both the parties are herewith withdrawing the all allegations each other and both the parties are agreed to live together under the same roof and the application filed by appellant for direction and maintenance may be dismissed as not pressed.
6. It is submitted the parties are free from coercion, fraud, undue influence or force etc. The parties are agreed to live together by their own, violation and they have not colluded each other to make any unlatqftil gain.
Wherefore the parties pray that this Hon''ble court may be pleased to set-aside the decree passed in Case No. MC No. 40/2011 on the filed before Hon''ble VI Add 1. Family Court, Bangalore dissolving the marriage between the respondent and appellant dated 6/ 12/2007 and allow the compromise petition as prayed, in the interest of justice and equity.
In the light of the statements made in the Compromise Petition at paras 1 to 6, the instant appeal filed by the appellant stands allowed. The judgment and decree dated 13.09.2011, passed in MC No. 40/2011 on the file of Additional Judge, Family Court-VI, dissolving the marriage between the appellant and respondent solemnized on 06.12.2007 is hereby set aside as per the terms of settlement in the compromise petition. Ordered accordingly.
