IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 11th DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI BETWEEN:
SMT. H.S. LEKHA M.F.A. No. 8738/2017 (FC) W/O SRI. MANJUNATH REDDY D/O LATE SHANKAR REDDY R/AT NO.179, A BLOCK, AECS LAYOUT 14TH B CROSS, KUDLU VILLAGE, BENGALURU - 560 068.
(BY SRI. M.M. ASHOKA., FOR ADVOCATE) AND SRI. M. MANJUNATH REDDY @ MANJU.M S/O MALLA REDDY, AGED 31 YEARS R/AT NO.843, 3RD CROSS, C.K. NAGAR, ELECTRONIC CITY POST BENGALURU – 100.
...APPELLANT ... RESPONDENT (BY SRI. ASHWATHANARAYANA REDDY., FOR ADVOCATE FOR RESPONDENT) THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED:23.09.2017 PASSED ON MC NO.138/2015 ON THE FILE OF THE 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 filed by the wife assailing the judgment and decree of the Principal Judge, Family Court at Bengaluru, dated 23/09/2017, passed in M.C.No.138/2015 filed by the respondent/husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking dissolution of his marriage with the appellant on the ground of cruelty. By the impugned judgment and decree, the Family Court has allowed the said petition and dissolved the marriage solemnized between the parties on 16/11/2012 by granting a decree of divorce. Being aggrieved by the same, the wife has preferred this appeal.
2. Learned counsel for the respective parties submit that during the pendency of this appeal, the matter was referred to the Bangalore Mediation Centre and the parties appeared before the Centre and they have agreed for a settlement. That a Memorandum of Agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 has been filed by the parties and the appeal could be disposed of in terms of the said settlement arrived at between the parties before the Bangalore Mediation Centre.
3. Learned counsel for the appellant/wife submits that the appellant has no objection for confirmation of the judgment and decree passed by the Family Court subject to payment of Rs.5,00,000/- (Rupees five lakh only) towards her maintenance/permanent alimony.
4. Learned counsel for the respondent submits that a sum of Rs.5,00,000/- (Rupees five lakh only) is being paid by demand draft bearing No.003186 dated 10/12/2019, drawn in favour of the appellant/wife on HDFC Bank. The same is handed over to learned counsel for the appellant, which in turn has been handed over to the appellant, who acknowledged the receipt of the same. It is also submitted that the other proceeding pending in C.C.No.25805/2015, on the file of the ACMM, Bengaluru, for the offence punishable under Section 498A of the Indian Penal Code, 1860 read with Sections 3 and 4 of the Dowry Prohibition Act, 1961 shall be closed and that the appellant shall (co-operate) in that regard.
5. Therefore, learned counsel for the parties submit that the appeal may be disposed of in terms of the settlement arrived at between the parties before the Bangalore Mediation Centre.
6. Parties 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 agreed to a settlement before the Bangalore Mediation Centre and that the said settlement is arrived at with the assistance of learned mediator on their free volition without there being any coercion or undue influence from any side. They further stated that the appeal may be disposed of in terms of the settlement arrived at by them before the Bangalore Mediation Centre.
8. The Memorandum of Agreement is taken on record and perused. It reads as under:
“MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
I. The parties above named submit as follows.
1. The above appeal has been filed by the appellant under Section 19(1) of the Family Court Act aggrieved by the judgment and Decree dated :
23.09.2017 passed in M.C.No.138/2015 by the Prl. Judge, Family Court, Bengaluru decreeing the petition filed by the respondent filed under Section 13(1) (ia) of the Hindu Marriage Act, seeking for dissolution of marriage. The present M.F.A No.8738/2017 has been preferred by the Appellant/wife seeking to set aside the said judgment and decree.
2. The above appeal has been referred to mediation for resolving the dispute between the parties. It is essential to place on record that the mediation process has taken place in the presence of the parties along with their respective advocates and the mother of the respondent.
3. The appellant and the respondent were married on 16.11.2012 at Bengaluru, as per Hindu rites and customs. The said marriage has since been dissolved by a decree of divorce in M.C.No.138/2015 passed by the Prl. Judge, Family Court, Bengaluru dated : 23.09.2017.
4. During the course of mediation the parties have resolved their disputes on the following terms of settlement:-
a) In view of the present settlement arrived at between the parties, the respondent has agreed to pay a total sum of Rs.5,00,000/-(Rupees Five Lakhs Only) to the appellant towards her maintenance/permanent alimony in full and final settlement of all her claims.
b) In view of the settlement arrived at in the present appeal the appellant has agreed to co- operate with the respondent in closing/quashing of the proceedings in C.C. No.25802/2015 pending on the file of IX ACMM, Bengaluru for the offence punishable under Section 498-A of IPC R/W Section 3 & 4 of D.P. Act.
c) Apart from the above, both the parties shall not have any claims of whatsoever nature against each other including moveable or immoveable properties belonging to each other either past, present or future.
d) Both the parties state that they have already exchanged all the articles belonging to each other and have no further claims against each other.
e) Both the parties hereby withdraw all allegations made against each other.
f) Both the parties shall not interfere with each other’s life in any manner whatsoever, in future.
5. Both the parties state that there has been no collusion or force, fraud or any undue influence in filing the above appeals and entering into this settlement/agreement in the aforesaid manner.
II. In view of the aforesaid agreement entered into between the parties, the parties humbly pray that this Hon’ble Court be pleased to pass appropriate orders confirming the order dated : 23.09.2017 passed in M.C.No.138/2015 by the Prl. Judge, Family Court, Bengaluru and disposing off the present appeal in terms of this settlement/agreement.
III. Parties will appear before this Hon’ble High Court of Court, Bangalore, for passing orders in terms of the settlement/agreement.”
It is noted that the same is signed by the appellant and the respondent and their respective counsel.
9. We have perused the same.
10. We find the said settlement to be lawful and we do not find any legal impediment in accepting the said settlement. In the circumstances, the settlement is accepted. The judgment and decree of the Family Court vis-à-vis the grant of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 is confirmed and the marriage between the parties is dissolved by a decree of divorce. While confirming the same, the appeal is disposed of in terms of the settlement arrived at between the parties.
11. Office to draw a decree accordingly.
Sd/- JUDGE Sd/-
S* JUDGE