IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. No.866/2019 (FC) BETWEEN:
SHRI M. MAHADEVA PRASAD S/O. SHRI H.S. MAHADEV AGED ABOUT 38 YEARS, RESIDING AT SHIVA SHAKTI NILAYA LINGANAPURA ROAD, ADARSHA LAYOUT, KOLLEGAL TOWN, DISTRICT CHAMARAJANAGAR. ... APPELLANT (BY SRI AMSHITH HEGDE H.S., ADVOCATE) AND:
SMT. K.B. TANUJA D/O. SHRI P. BASAVARAJU AGED ABOUT 38 YEARS, RESIDING AT DOOR NO.L-164, 5TH MAIN, VIJAYANAGAR, 2ND STAGE, MYSURU – 570 017. ... RESPONDENT (BY SRI SYED AMEER, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 28/09/2018, PASSED IN MC. NO.100/2016, ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(i-a) OF HINDU MARRIAGE ACT AND PETITIONER SHALL PAY RS.10,00,000/- TO THE RESPONDENT TOWARDS PERMANENT ALIMONY.
THIS APPEAL COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T Learned counsel for the appellant submits that the appellant will not press this appeal if time is granted till 26/12/2019 to pay the entire amount of Rs.10,00,000/- inclusive of Rs.3,60,000/- already paid to the appellant towards full and final settlement in the matter.
2. The appellant is present before the Court.
3. Learned counsel for the respondent submits that the respondent has already received Rs.3,60,000/- and if the balance amount of Rs.6,40,000/- is paid on or before 26/12/2019, the respondent would have no objection for the same.
4. Submission of learned counsel on both sides is placed on record.
5. The appellant has also filed a memo for settlement after serving a copy of the same on learned counsel for the respondent.
5. Memo is taken on record.
6. In the circumstances, the appeal is dismissed as withdrawn.
7. The appellant shall pay a sum of Rs.10,00,000/- inclusive of Rs.3,60,000/- already paid towards full and final settlement towards permanent alimony to the respondent herein. It is also noted and observed that the respondent would have no further claim against the appellant once the said sum is paid to her on or before 26/12/2019.
8. It is also observed that in the event the appellant fails to comply with the aforesaid direction, respondent is at liberty to seek recovery of the balance amount of Rs.6,40,000/- from the appellant in accordance with law.
Parties to bear their respective costs.
Sd/- JUDGE Sd/- JUDGE S*