IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD M.F.A. No.7006 of 2015 (FC-DB) Between:
Mr. N. Srikrishna Bhagavanulu S/o N. Subba Rao, Aged about 56 years, Formerly working at KGM Industries Ltd., Spontex Road, Accra, Ghana, West Africa, Presently R/at:
Flat No.002, “Primrose Villa Apartments”, 5th Main Road, BCC Layout, Vijayanagar, Bengaluru – 560 040. …Appellant (By Sri. Manjunath B.R., Advocate) And:
Smt. Narlajarla Sarojini Rathnam Ex W/o Srikrishna Bhagavanulu, D/o Chilakamarthi Narayana Murthy, Aged about 45 years, R/at: Flat No.501, “Advaita Residency”, 90/2, Muthurayaswamy Layout, Bannerghatta Road, Hulimavu, Bengaluru – 560 076. ... Respondent This MFA is filed under Section 19(1) of the Family Courts Act, against the judgment and decree dated 01.08.2015 passed in Misc. No.03/2013 on the file of the II Additional Principal Judge, Family Court, Bengaluru dismissing application filed under Section 5 of the Limitation Act.
This MFA coming on for Orders, this day, NAGARATHNA J., delivered the following:
JUDGMENT Though this appeal is listed for Orders, learned counsel for respective parties submit in unison that the appeal may be disposed of in terms of Settlement arrived at between the parties before the Bengaluru Mediation Center, (BMC), Bengaluru.
2. Respondent herein had filed a petition in M.C. No.3650/2011 under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for the sake of brevity). By judgment and decree dated 08.10.2012, II Additional Principal Judge, Family Court, Bengaluru allowed the said petition and granted an order of dissolution of marriage between the parties by passing a decree of divorce under Section 13 (1)(i-a) of the Act. Contending that the said decree was an exparte decree, respondent-husband preferred Miscellaneous petition in Mis. No.3/2013 before the II Additional Principal Judge, Family Court, Bengaluru seeking recall of the judgment and decree passed by the said Court. There was a delay of 28 days in preferring the said Mis. No.3/2013. By impugned order dated 01.08.2015, II Additional Principal Judge, Family Court, Bengaluru dismissed the application seeking condonation of delay. Consequently, the miscellaneous petition was also dismissed.
3. Being aggrieved by the said order, the respondent-husband has preferred miscellaneous first appeal as already noted.
4. Learned counsel for the respective parties submit that this appeal may be disposed of in terms of settlement arrived at between the parties before the Bangalore Mediation Center, Bengaluru (BMC). The parties are also present in Court. They have been identified by their respective counsel. The parties also submit in unison that the appeal may be disposed of in terms of settlement arrived at Bangalore Mediation Center, Bengaluru and the judgment and decree dated 08.10.2012 in M.C. No.3650/2011 passed by the II Additional Principal Judge, Family Court at Bengaluru may be confirmed as also the order dated 01.08.2015 passed in Miscellaneous No.3/2013.
5. Memorandum of Settlement under Section 89 of the Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is taken on record. It has been signed by the parties and their respective counsel.
6. Learned counsel for the respondent submits that all the terms and conditions which had to be complied by the respondent regarding the appellant- husband, have been complied. The said settlement has been acknowledged by the learned counsel for the appellant.
7. In the circumstances, this appeal is disposed of in terms of memo of settlement arrived at between the parties which reads as under:
“MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
I. The Appeal is preferred against the order dated 01-08-2015, passed by the II Addl. Principal judge, Family Court, Bangalore in Mis.No.3/2013, which was filed for setting aside the Judgment and decree dated 08-10-2012, passed by the II Addl. Principal judge, Family Court, Bangalore in M.C.No.3650/2011, granting an exparte decree of Divorce in favour of the Respondent herein, against the Appellant herein, under section 13(1)(i-a) of the Hindu marriage Act.
That the parties hereby confirm that there is no dispute between their relationship of husband and wife prior to the decree of Divorce herein above referred and the marriage between them was solemnized on 15-08-1992 and there was no child born in their said marital relationship. The Respondent on account of certain differences that she had against the petitioner, she started living separately since February 2011 and the Respondent has filed a Petition in M.C.No.3650/2011, before the II Addl. Principal judge, Family Court, Bangalore under provisions of Section 13(1)(a) of the Hindu Marriage Act against the Respondent for a decree of divorce wherein a judgment and decree was passed on 08-10-2012 in favour of the Respondent herein and against which the petitioner has filed a miscellaneous petition in Mis.No.3/2013, before the same court and said petition was dismissed by the said Hon’ble court below against which the above appeal is filed before the above Hon’ble High Court.
The Appellant has also stated to have filed a private complaint against the respondent herein alleging forgery of document, in PCR.No.13952/2014, in connection with a Car, a Scooter, house hold articles and certain gold items etc., and the said Private complaint which is now being prosecuted in CC.No.18275/2016 before the VIII ACMM, Bangalore and another private complaint in PCR No.3250/2015, filed against the respondent alleging hacking of his bank account maintained in SBI, the said case is now being prosecuted in CC.No.23580/2016 before the I-ACMM, Bangalore. The Appellant has also filed another Private complaint in PCR No.11497/2017, alleging offence of Breach of Trust against the Respondent and the said criminal complaint is also now being prosecuted in CC. No.11350/2018 before the IV-ACMM, Bangalore.
That the Respondent has also filed a suit in O.S.No.36/2017, for partition of the two immovable properties that was purchased in the joint names of the Appellant and the Respondent herein claiming that the Respondent has also invested for the purchase of the said property. The Appellant by filing his version claims to have contended that the entire sale consideration being paid by him is the owner of the said properties.
The above Appeal (Miscellaneous First Appeal) is referred to mediation and in the course of mediation the parties hereto without referring to any of the averments made in their pleadings in their respective cases or admitting any of the allegations that was made against each other, have agreed and resolved all their disputes between them on the terms and conditions herein below mentioned as follows:-
1. That the Respondent has agreed to release/relinquishes all her right, title and interest over the two immovable Properties i.e., A Flat, 002, Ground Floor, PRIME ROSE VILLA Apartment, situated at Employees House Building Co-Operative Society Ltd., Deevitige Ramanahalli (Chandra Layout) Bangalore South Taluk and a Site bearing No.252, Katha No.547/252, Formed in Sy.No.228, situated at MYCITI, Heggadagere Village, Bidadi Hobli, Ramanagara Taluk, Bangalore Rural District that were purchased and standing in the joint names of Appellant and the Respondent herein, in favour of the Appellant unconditionally and she confirms that she absolutely will have no claims of whatsoever nature against the Appellant in respect of the aforesaid properties. The Appellant has agreed to bear all the registration expenses in connection with the execution of the release/relinquish deeds or other deeds to be executed by the Respondent in favour of the Appellant in connection with the aforesaid immovable properties.
2. That the Respondent has also agreed to pay a total sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the Appellant mental agony stated to have suffered by him. On payment of the said amount, the Appellant has agreed and shall withdraw all the court cases either criminal or civil that was filed by him against the Respondent herein above referred.
3. That in pursuance of this settlement, the Respondent has already paid a sum of Rs.10,00,000/- to the Appellant by way of Demand Draft bearing No.053494 dated 29-10-2018, drawn on State Bank of India, Sudhamnagar Branch, Bangalore. That in pursuance of the said payment the Appellant agreed to close/withdraw all the court cases including the criminal cases herein above mentioned.
4. That the Appellant hereby confirm that on receipt of the said sum of Rs.10,00,000/- (Rupees Ten Lakhs only) from the Respondent as herein above stated, he absolutely has no claims of whatsoever nature against the Respondent either for the past or present or in future.
5. That in pursuance of the settlement reached between the parties hereto and in view of solemnization of the marriage of the Respondent with her new Groom, both the parties here by confirm that they have nothing to pursue any of the aforesaid court cases subject to compliance of their respective obligations as herein above agreed under this settlement, the Appellant has agreed and undertake to withdraw the said cases as herein above agreed under this agreement by filing necessary memo or application, in terms of this agreement and Appellant also has no objection to confirm the order dated 01-08-2015, passed in Mis.No.3/2013 and also the Judgment and decree of Divorce dated 08-10-2012, passed by the II Addl. Principal judge, Family Court, Bangalore in M.C.No.3650/2011.
6. That in pursuance of the settlement both the parties hereby withdraw all the allegations that were made against each other either in their respective pleadings or in their Affidavit evidences that they filed in any of the aforesaid cases unconditionally. Further all the movable properties which are the subject matter of the aforesaid criminal cases i.e., Car, Gold, Silver etc., shall be retained by the Respondent, in terms of this agreement.
7. That both the parties agreed and hereby undertake that they will not interfere in the lives of each other in future under any circumstances.
II. In view of the aforesaid agreement entered between the parties, the parties hereto pray that this Hon’ble Court be pleased to dispose of the above Appeal confirming the order dated 01-08-2015, passed in Mis.No.3/2013 and the Judgment and decree of Divorce dated 08-10-2012, passed by the II Addl.
Principal judge, Family Court, Bangalore in M.C.No.3650/2011, in terms of this agreement.”
8. Consequently, order dated 01.08.2015 passed in Miscellaneous No.3/2013 is confirmed and the judgment and decree of divorce dated 08.10.2012 passed by the II Additional Principal Judge, Family Court, Bengaluru in M.C. No.3650/2011 is also confirmed.
Office to draw up a decree accordingly.
Sd/- JUDGE Sd/- JUDGE MBM