IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 11TH 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.10309/2013 C/W M.F.A. No.10308/2013 (FC) IN M.F.A. No.10309/2013 BETWEEN:
MRS. C.N. JYOTHILAKSHMI W/O. RAVIKUMAR, AGED ABOUT 35 YEARS, R/AT NO.249/41, 3RD CROSS, MARUTHINAGARA, KASABA HOBLI, ARISHINAGUNTE, NELAMANGALA, BANGALORE – 562 123. ... APPELLANT (BY SMT. PUSHPAKANTHA, ADVOCATE) AND:
SRI S. RAVIKUMAR S/O. SRINIVASAIAH, AGED ABOUT 41 YEARS, R/AT NO.236, 6TH CROSS, BEL LAYOUT, VISHWANEEDAM POST, BHARATH NAGAR, 1ST STAGE, BANGALORE – 560 091. ... RESPONDENT (BY SRI P. BASAVARAJU, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT AGAINST THE JUDGMENT AND DECREE DATED 26.09.2013 PASSED IN MC NO.814/2010 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, DISMISSING THE PETITION FOR COMPENSATION.
IN M.F.A. No.10308/2013 BETWEEN:
MRS. C.N. JYOTHILAKSHMI W/O. RAVIKUMAR, AGED ABOUT 35 YEARS, R/AT NO.249/41, 3RD CROSS, MARUTHINAGARA, KASABA HOBLI, ARISHINAGUNTE, NELAMANGALA, BANGALORE – 562 123. ... APPELLANT (BY SMT. PUSHPAKANTHA, ADVOCATE) AND:
MR. S. RAVIKUMAR S/O. SRINIVASAIAH, AGED ABOUT 41 YEARS, R/AT NO.236, 6TH CROSS, BEL LAYOUT, VISHWANEEDAM POST, BHARATH NAGAR, 1ST STAGE, BANGALORE – 560 091. ... RESPONDENT (BY SRI P. BASAVARAJU, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT AGAINST THE JUDGMENT AND DECREE DATED 26.09.2013 PASSED IN MC NO.619/2010 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, FOR DISSOLUTION OF MARRIAGE.
THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T These appeals are listed for final hearing.
2. Learned counsel for the respective parties Smt.Pushpakantha and Sri Basavaraju P. jointly submit that there is a settlement arrived at between the parties before Lokadalat in Crl.Appeal No.26/2018. In view of the amicable settlement arrived at between the parties, these appeals could be disposed of.
3. A memo has been filed by learned counsel for the respondent enclosing certified copy of the order sheet in Crl.Appeal No.26/2018 and certified copy of the Memorandum of Settlement arrived at between the parties under Section 89 of the Code of Civil Procedure read with Section 320 of Code of Criminal Procedure.
4. Learned counsel for the respective parties submit that the judgment and decrees passed by the II Addl. Principal Judge, Family Court at Bengaluru in M.C.Nos.169/2010 and 814/2010 dated 26/09/2013, which are impugned in these appeals may be confirmed in view of the settlement arrived at between the parties.
5. Learned counsel for the respondent further submits that under the terms of settlement, a sum of Rs.17,00,000/- would have to be paid by the respondent/husband to the appellant/wife. That a sum of Rs.5,00,000/- is being paid by demand draft bearing No.016769 dated 26/09/2019, drawn on Malleshwaram Co-operative Bank Limited. The same is being handed over to the appellant, who acknowledges the receipt of the same. That a balance amount of Rs.12,00,000/- shall be paid by the respondent to the appellant by way of demand draft in Crl.Appeal No.26/2018. That the aforesaid payments shall be in full and final settlement of claims of the appellant.
6. The appellant and respondent are present before this Court. They have been identified by their respective counsel.
7. When queried by this Court, they submitted that they have indeed arrived at a settlement of the dispute and the said settlement has been arrived at on their own free volition without there being any coercion or undue influence from any side. The appellant submitted that she has no objection for the judgment and decrees passed by the II Addl. Principal Judge, Family Court at Bengaluru dated 26/09/2013 being confirmed. She further submitted that on receipt of Rs.17,00,000/- from the respondent, she would have no further claim against the respondent. The parties have also agreed that the minor son Master Aniesh, who is fourteen years old, shall remain in the permanent custody of the appellant/wife.
8. We have perused the memorandum of settlement arrived at between the parties and we find that the said settlement is lawful and that there is no impediment for accepting the same. In the circumstances, the judgment and decree passed by the II Addl. Principal Judge, Family Court at Bengaluru are confirmed. The appeals filed by the appellant are disposed.
It is needless to observe that in the event the respondent does not pay the balance permanent alimony of Rs.12,00,000/- to the appellant/wife, the appellant is at liberty to revive these appeals.
Smt.Pushpakantha, learned counsel is granted two weeks time to file vakalatnama in MFA.No.10308/2013.
In view of disposal of the appeals, pending applications stand disposed.
Sd/- JUDGE Sd/- JUDGE S*