IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 PRESENT THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ M.F.A. NO.7213 OF 2016 (FC) BETWEEN:
SMT. B.N. HEMALATHA W/O M.CHANDRASHEKAR AGED ABOUT 32 YEARS R/AT NO.18/A, 2ND FLOOR 2ND CROSS, KALIDASA LAYOUT SRINAGAR, BANGALORE-50 NOW R/AT NO.90/2 NEAR BHAKTHA MARKANDAYA TEMPLE 8TH MAIN, VITTAL NAGAR CHAMARAJPET BANGALORE-560025 ... APPELLANT (BY SRI. HARISH H.V, ADVOCATE) AND:
MR. M. CHANDRASHEKAR S/O SRI. MAHADEVAIAH AGED ABOUT 36 YEARS R/A NO.67/1, 2ND CROSS OPP. BHEL FACTORY RANGANATHA COLONY MYSORE ROAD BENGALURU-560026 ... RESPONDENT (BY SRI. LAKSHMINARAYAN N. HEGDE, ADVOCATE) ***** THIS APPEAL IS FILED UNDER SECTION 19(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 19.09.2016 PASSED ON MC NO.3354/2012 ON THE FILE OF THE 3RD ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is listed for admission.
2. The appellant is the wife while the respondent is the husband. The respondent/husband had filed a petition under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 seeking dissolution of the marriage that was solemnized between the appellant and the respondent on 08.11.2010 before the 3rd Additional Principal Judge, Family Court, Bangalore in M.C.No.3354/2012. By order dated 19th September 2016, the said petition was allowed and the marriage between the parties was dissolved by a decree of divorce. Being aggrieved, the wife has preferred this appeal.
3. Learned counsel for the respective parties submit that during the pendency of this appeal, parties have negotiated a settlement. They submit that the wife has agreed for the judgment and decree of divorce passed by the trial Court being confirmed subject to monetary settlement by way of permanent alimony being made. They further submit that a sum of Rs.8,00,000/- shall be paid by way of a demand draft to the appellant-wife towards permanent alimony and a sum of Rs.3,00,000/- shall be paid towards the welfare of the minor child Tanvi C. They further submit that on payment of the said Rs.11,00,000/- the appellant would have no further claim against the respondent. The respondent has also acknowledged and agreed for the minor child Tanvi C being in the permanent custody of the appellant.
4. The parties are present before this Court.
They have been identified by their respective counsel. When enquired by this Court, they submitted that they have agreed for a settlement by way of a compromise in this appeal on their own free volition and there being no coercion or force. Further they submit that they will abide by the settlement arrived at between them. It is further submitted that a Memorandum of Compromise Petition is filed under Order 23 Rule 3 read with Section 151 of Code of Civil Procedure and the same is taken on record. It is noted that it is signed by the respective parties and their respective counsel. The contents of the compromise petition read as under:-
“COMPROMISE PETITION UNDER ORDER 23 RULE 3 R/W SECTION 151 OF C.P.C. ENTERED BETWEEN PETITIONER AND RESPONDENT 1. At the instance of elders and well wishers of the parties, the appellant and respondent have settled all their disputes amicably.
2. The respondent married the appellant/wife on 08.11.2010 at Sri. Chowdeshwari Kalyana Mantapa, West of Chord Road, Magadi Road, Tollgate, Rajajinagar Industrial Area, Bengaluru- 560 010, as per Hindu rites, customs. Out of their wedlock, they begot daughter by name Tanvi on 10.10.2011, who is with appellant/mother.
3. The parties have been living separately since August 2012. The respondent had filed petition under section 13 (1) (ia) of Hindu marriage Act for dissolving the marriage celebrated between the appellant and the respondent dated 08.11.2010 at Sri. Chowdeshwari Kalyana Mantapa, West of Chord Road, Magadi Road, Tollgate, Rajajinagar Industrial Area, Bengaluru-10 and for other reliefs, on the file of the 3rd Additional Principal Judge, Family Court at Bengaluru. After hearing, the petition on merits, the 3rd Additional Principal Family Judge at Bangalore has allowed the petition in M.C.NO.3354/2012, by its judgment and decree dated 19.09.2016.
4. The Appellant / wife has preferred the above appeal against the said judgment and decree passed by the 3rd Addl. Principal Family Judge at Bengaluru. The appellant and respondent state that in spite of their best efforts, they are unable to reconcile their differences and have come to the conclusion that the marriage between them is broken down irretrievably, and have decided to go for dissolution of their marriage.
5. That both the parties agree that the appellant who is in custody of the minor child Tanvi shall alone be the sole Custodian and Guardian of the minor child Tanvi and continue with her permanent custody. The respondent/husband has voluntarily agreed that he shall not claim custody or visitation rights of the minor child, after understanding its consequences.
6. That it is mutually agreed between the appellant and the respondent that the respondent has this day paid total sum of Rs.11,00,000/- (Rupees Eleven Lakhs only) by way of Demand Drafts mentioned below to the appellant towards permanent alimony / maintenance and towards maintenance of minor child Tanvi. Out of the said amount the respondent has paid a sum of a. Rs.8,00,000/- (Rupees Eight Lakhs only) by way of Demand Draft No.158574, dated 20.09.2019, drawn on State Bank of India, Atomic Energy Dept. Bengaluru in the name of the appellant/B.N.Hemalatha towards permanent alimony/maintenance.
b. Remaining amount of Rs.3,00,000/- (Rupees Three lakhs only) by way of Demand Draft bearing No.158573, dated 20.09.2019, drawn on State Bank of India, Atomic Energy Dept. Bengaluru in the name of minor child Tanvi.C towards welfare of minor child.
The appellant is at liberty to deposit said amount of Rs.3,00,000/- (Rupees Three lakhs only) minimum in the name of the child Tanvi in any nationalized Bank and can use/draw accrued interest and utilize the same for welfare of child Tanvi till she attains majority.
7. That both the parties hereby declare that they shall not have any other claim/s of whatsoever nature with regard to moveable or immovable properties, past, present or future belonging to each other/against each other. Both the parties have exchanged all their belongings and other articles and withdraw all allegations made against each other. It is also specifically agreed between the parties that they shall not interfere in the lives of each other. The respondent shall in no way disturb normal life of petitioner and the child Tanvi in any manner Wherefore, this Hon’ble Court be pleased to dispose of the above appeal in view of the Compromise arrived between the parties, and dissolve the marriage solemnized between the parties on 08.11.2010 at Sri. Chowdeshwari Kalyana Mantapa, West of Chord Road, Magadi Road, Tollgate, Rajajinagar Industrial Area, Bengaluru-560 010 and confirm the judgement and decree passed by the 3rd Addl. Principal Family Judge at Bengaluru in M.C. NO.3354/2012, in terms of compromise petition, in the interest of justice.
Sd/- Sd/-
Appellant Respondent Sd/- Sd-
Advocate for appellant Advocate for respondent Date:17.10.19 Bengaluru”
5. The learned counsel for the respondent has submitted two demand drafts one bearing No.158574 for a sum of Rs.8,00,000/- dated 20.09.2019 in favour of the appellant drawn on State Bank of India, Atomic Energy Department, Bengaluru and the other bearing No.158573 dated 20.09.2019 for a sum of Rs.3,00,000/- in the name of a minor child Tanvi C also drawn on State Bank of India, Atomic Energy Department, Bengaluru.
6. Learned counsel for the respondent has handed over the said demand drafts to the learned counsel for the appellant who has in turn handed over the same to the appellant who acknowledges the receipt of the same. It is also agreed by the appellant that the assured amount of Rs.3,00,000/- shall be deposited in any nationalized bank in the name of the minor child until she attains the age of majority.
7. We have perused the terms and conditions of the compromise petition extracted above and find the same to be lawful. We do not find any legal impediment to dispose of the appeal in terms of compromise petition.
8. In the result, appeal is disposed of in terms of the settlement arrived at between the parties. The judgment and decree of the 3rd Additional Principal Judge, Family Court, Bangalore dated 19.09.2016 passed in M.C.No.3354/2012 dissolving the marriage between the parties by a decree of divorce under Section 13 (1) (i-a) Hindu Marriage Act, 1955 is confirmed.
Office to draw a decree in the aforesaid terms.
In view of disposal of the appeal, I.A.No.1/2017 stand disposed of.
Sd/- JUDGE Sd/- JUDGE Prs*