IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 23RD 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.2659/2016 (FC) BETWEEN:
SMT. N.V. PRITI W/O. A.P. ASHWIN, D/O. N.K. VENAKTESH MURTHY, AGED 35 YEARS, RESIDING AT NO.1, FLAT NO.1, KUMARA PARADISE APARTMENTS, B.P. WADIA ROAD, BASAVANAGUDI, BANGALORE – 560 004. ... APPELLANT (BY SRI MANJUNATH G. KANDEKAR, ADVOCATE) AND:
SRI A.P. ASHWIN S/O. A.N. PARTHASARATHY, AGED 39 YEARS, RESIDING AT NO.23, RATHNAVILAS ROAD, BASAVANAGUDI, BANGALORE – 560 004. ... RESPONDENT (BY SRI MANJUNATH V., ADVOCATE FOR C/R) THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED: 03.02.2016 PASSED ON MC NO.2269/10 ON THE FILE OF THE 2ND ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1) (ia) (ib) OF HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T This appeal is listed to consider I.A.No.1/19, which is filed by the respondent seeking early hearing of the appeal.
2. Learned counsel for the respective parties submit that during the pendency of the appeal, the parties have negotiated a settlement and have filed a compromise petition under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 and that the appeal may be disposed of in terms of the settlement arrived at between the parties by confirming the judgment and decree passed by the II Addl. Prl. Judge, Family Court, Bengaluru, dated 03/02/2016, in M.C.No.2269/2010. The same was a petition filed by the respondent/husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 seeking dissolution of his marriage with the appellant/wife, which was solemnized on 16/10/2003. Learned counsel for the respective parties further submit that on confirmation of the judgment and decree of the Family Court, it has also been agreed that the respondent/husband shall pay permanent alimony of Rs.1,47,40,000/- to the appellant/wife towards full and final settlement. That the minor son, Nishchal would remain in the permanent custody of the appellant/wife and the respondent would have visitation rights. Learned counsel for the respective parties therefore submit that the appeal may be disposed of in terms of the settlement arrived at between the parties.
3. The parties are present before the Court and they have been identified by their respective counsel.
4. When the parties were queried by this Court, they submitted that they have indeed agreed to settle the dispute between them and have filed a compromise petition incorporating the terms of settlement arrived at between them. They further state that they have arrived at a settlement on their free volition without there being any undue influence or coercion from any side. They further state that the appeal could be disposed of in terms of the compromise arrived at between the parties.
5. The compromise petition is taken on record.
6. It is noted that it is signed by the respective parties and their counsel. It reads as under:
“Under Order XXIII, Rule 3, read with Sec.151 of CPC, the PARTIES to the appeal beg to file the following compromise petition;
01. The Appellant has filed the above appeal against the Respondent for being aggrieved by the judgment granting divorce in favour of the Respondent in M.C.No:2269/2010 on the file of II Additional Family Court at Bangalore, dated 03/02/2016;
02. The marriage of the Appellant and Respondent was solemnized on 16/10/2003 as per the customs prevailing in their community at Chandrodaya Convention center, Bannerghatta Road, Bangalore and out of their wed-lock a male child was born on 17/09/2007 named as Nischal, he is in the custody and care of the Appellant herein.
03. The appellant had filed Crl. Misc. No:08/2012, before the II MMTC Court against the Respondent seeking maintenance, education expenses of the minor son and such other reliefs.
04. At the intervention of well-wishers, the above dispute between the Appellant and Respondent has been settled and compromised between the parties hereto:
05. The Appellant and Respondent have compromised the above dispute, on the following terms and conditions;
a) The Respondent had filed a petition against the Appellant in M.C.No.2269/2010 on the file of 2nd Additional Family Court at Bangalore for divorce and other reliefs. The above court has passed an order dated 03/02/2016, allowing the petition as prayed for, granting the relief of dissolution of marriage. The PARTIES accept and confirm the above order dated 03/02/2016;
b) The PARTIES here to have mutually agreed that the Respondent shall pay a sum of Rs.1,47,40,000/- (Rupees One Crore Forty Seven Lakhs Forty Thousand Only) to the Appellant as detailed hereunder;
i) Rs.1,00,00,000/- (Rupees One Crore Only) to the Appellant by way of Demand Draft bearing No:041400, dated 21-10- 2019, drawn on Karur Vysya Bank Limited, Basavanagudi Branch, Bangalore and issued in favour of the Appellant, towards the permanent alimony in full and final settlement of all the claims of the Appellant;
ii) Rs.30,00,000/- (Rupees Thirty Lakhs Only) to the Appellant by way of Bankers Cheque bearing No:106066, dated 21-10-2019, drawn on State Bank of India, Basavanagudi Branch, Bangalore and issued in favour of the Appellant, towards the educational expenses of their minor son Nischal and the said amount shall be kept as fixed deposit in any bank and the interest accrued from the said amount shall be utilized for the educational expenses of their minor son Nischal. The Appellant and the Respondent shall mutually discuss and come to the decision with regard to the welfare and higher education of their son and the Respondent has agreed to contribute in case of any additional amounts are required for the higher education of their minor son Nischal;
iii) Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to the Appellant by way of Bankers Cheque bearing No:106067, dated 21-10-2019, drawn on State Bank of India, Basavanagudi Branch, Bangalore and issued in favour of the Appellant, towards the marriage expenses;
iv) Rs.2,40,000/- (Rupees Two Lakhs Forty Thousand Only) to the Appellant by way of Bankers Cheque bearing No:106068, dated 21-10-2019, drawn on State Bank of India, Basavanagudi Branch, Bangalore and issued in favour of the Appellant, towards the arrears of maintainace charges till date;
c) In view of the above payments the Respondent is not liable to pay any monthly maintainace or educational expenses to the Appellant or their son and the Respondent is not due any other amounts to the Appellant in any manner;
d) In view of this compromise the Appellant undertakes to not press and prosecute the order passed in Crl. Misc. No:08/2012, before the II MMTC Court against the Respondent and the said order is not binding on the Respondent;
e) The minor son Nischal shall be in the custody of the Appellant and the Respondent is entitled for visitation rights bi-monthly on second and fourth Sundays from 10 Am to 6 Pm, keeping the interest of the minor son;
f) The Respondent on 21-10-2019 has returned all the silver articles to the Appellant and the Appellant acknowledges the delivery of the same;
g) The Respondent has this day returned all the belongings, gold and diamond jewellery to the Appellant and the Appellant acknowledges the delivery of the same and in view of the same the Respondent or his family members are not possessing any belongings of the Appellant;
h) The Appellant has this day returned the gold bangles to the Respondent, and the Respondent acknowledges the delivery of the same and in view of the same the Appellant or her family members are not possessing any belongings of the Respondent;
i) The PARTIES confirm that except the above appeal no other litigations are pending;
06. The PARTIES pray that this Hon’ble Court may be pleased to dispose off the above appeal in terms of the compromise petition.”
7. Learned counsel for the respondent submits that four demand drafts are being handed over on behalf of respondent/husband to learned counsel for the appellant, who, in turn, has handed over the same to the appellant, who acknowledged receipt of the same. The brief details of the demand drafts are as under:
8. It is further noted that out of the aforesaid amount, a sum of Rs.1.00 crore is paid towards permanent alimony given to the appellant/wife; a sum of Rs.30.00 lakh is towards education of minor son, Nishchal. The said amount to be kept in fixed deposit in any nationalized bank and the interest accrued thereon shall be utilized for the educational expenses of the son; a sum of Rs.15.00 lakh is being paid by the respondent/husband to the appellant/wife towards marriage expenses and Rs.2.40 lakh is towards arrears of maintenance. That the aforesaid payment is in full and final settlement of all claims of the appellant and that the appellant has no further claim against the respondent.
9. On perusal of the terms and conditions of the compromise/settlement arrived at between the parties, we find the same to be lawful and we do not find any impediment to accept the same. In the circumstances, the settlement arrived at between the parties is accepted. The judgment and decree of the II Addl. Prl. Judge, Family Court at Bengaluru, passed in M.C.No.2269/2010, dated 03/02/2016 is confirmed.
9. Registry to draw up a decree accordingly.
In view of disposal of the appeal, I.A.No.1/19 also stands disposed.
Office to transmit the lower Court records to the concerned Family Court forthwith.
Sd/- JUDGE Sd/- JUDGE S*