IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD M.F.A. No.3075/2018 (FC) BETWEEN:
SMT. ANKITA PATIL W/O. PRASHANTH PATIL, D/O. ASHOK PATIL, AGED ABOUT 28 YEARS, OCC: NIL, R/AT NO.214, GHODEGALLI, KHANAPURA – 591 302.
BELAGAVI DIST. ... APPELLANT (BY SRI DR. J.S. HALASHETTI, ADVOCATE) AND:
SRI PRASHANTH PATIL S/O. B.B. PATIL, AGED ABOUT 36 YEARS, R/AT FLAT C-1207, CENTURY INDUS, RAJARAJESHWARINAGAR, BENGALURU – 560 098. ... RESPONDENT (BY SRI G.B. SHARATH GOWDA, ADVOCATE) ***** THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, R/W SECTION 28 OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 01.02.2018 PASSED IN M.C.NO.1403/2017 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, ALLOWING THE PETITION FILED U/S 13(1)(ia) OF THE HINDU MARRIAGE ACT FOR DISSOLUTION OF MARRIAGE.
THIS APPEAL COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is listed to consider the applications filed seeking maintenance and permanent alimony. However, learned counsel for respective parties submit that parties have arrived at a settlement and therefore, the appeal may be disposed of in terms of the settlement arrived at between the parties.
2. Respondent – husband had filed M.C.No.
1403/2017 before the VI Addl. Prl. Judge, Family Court, Bangalore, seeking dissolution of marriage by a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1965.
3. Appellant – wife did not appear before the family Court. She was placed ex-parte. By judgment and decree dated 01/02/2018 marriage between the parties was dissolved by the petition being allowed. Being aggrieved, the wife has preferred this appeal.
4. As already noted, during pendency of this appeal, parties have arrived at a settlement of their disputes.
5. Learned counsel for parties submit that a joint memo has been filed and that this appeal could be disposed of in terms of the settlement arrived at between the parties.
6. Both parties are present before this Court. They have been identified by their respective counsel. They submit that they have arrived at a settlement in the matter on their own volition without there being any force or coercion from any quarter. They submit that the appeal came to be disposed of in terms of the settlement arrived at between them. Joint memo is taken on record. It is signed by both parties and their respective counsel. The same reads as under:-
“JOINT MEMO The Appellant and Respondent submit as follows:
1. It is submitted that the appellant is the legally wedded wife of the respondent. Their marriage was solemnized on 15.11.2014 at Khanapura, Belagavi District, in accordance with Hindu Rites and customs.
2. It is submitted that the respondent herein had filed a petition in M.C.No.1403/2017 on the file of VI Addl. Principal Judge, Family Court, Bangalore seeking dissolution of his marriage solemnized with the appellant herein. The VI Addl. Principal Family Court vide judgment and decree dated 01.02.2018 was pleased to allow the said petition and thereby dissolve the marriage. Assailing the said judgment and decree, the appellant has preferred this appeal. It is submitted that during the pendency of the above appeal, at the intervention of common friends and well wishers, the Appellant and Respondent have compromised all their disputes amicably by agreeing upon the following terms:
i. The Appellant and Respondent have agreed to dissolve their marriage solemnized on 15.11.2014 at Kahanapura, Belagavi District.
j. The respondent herein withdraws all the allegations made against the petitioner in M.C. No.1403/2017 on the file of VI Addl. Principal Judge, Family Court, Bangalore.
k. The Respondent has agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) to the Appellant towards her permanent alimony, vide Demand Draft bearing No.509635, dated 23.04.2019, drawn on ICICI Bank, Rajajeshwarinagar Branch, Bangalore.
l. Apart from the amount of Rs.5,00,000/- (Rupees Five Lakhs Only) paid towards permanent alimony, the appellant shall not have any claim against respondent, either in terms of money payable or otherwise, in present of future.
m. That the appellant and respondent have mutually exchanged all the gold & silver jewellery, silver articles, clothes and other articles.
n. It is submitted that there are no claims in whatsoever manner.
o. It is agreed by both the appellant and the respondent that they shall not interfere with each other’s life henceforth.
p. In view of the settlement so arrived at between the them, the appellant concedes for dissolving the marriage solemnized between appellant and respondent on 15.11.2014 at Khanapura, Belagavi District and withdraws this appeal.
WHEREFORE it is humbly prayed that this Hon’ble court may pleased to accept this joint memo and pass a judgment and decree in accordance with the terms of this joint memo, to serve the interest of justice and equity.”
7. On perusal of the above terms, it is noted that the appellant has no objection for the judgment and decree of the family Court being confirmed. That the respondent has agreed to pay a sum of Rs.5,00,000/- [Rupees five lakhs only], to the appellant. Accordingly, Demand Draft bearing No.509635 dated 23/04/2019, for a sum of Rs.5,00,000/- drawn on ICICI Bank, is being handed over to learned counsel for appellant and the appellant acknowledges receipt of the same. The parties also submit that they have complied with other terms and conditions. That the respondent has agreed to withdraw all allegations made against the appellant herein.
8. On perusal of the terms of settlement between the parties, we find the same to be lawful and we do not find any legal impediment to accept the same and to dispose of the appeal in the aforesaid terms.
9. In the circumstances, the appeal is disposed of in terms of the joint memo. The judgment and decree of the trial Court is confirmed in view of the aforesaid terms and conditions agreed to between the parties.
Office to draw up a decree accordingly.
In view of disposal of the appeal, I.A.I/2019 as well as I.A.II/2019 stand disposed.
Sd/- JUDGE Sd/- JUDGE *mvs