Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MR. JUSTICE K. NATARAJAN Miscellaneous First Appeal No.7020 OF 2016 (FC) BETWEEN :
SMT. PRIYACHANDRAN W/O. SRI SATHYASEELAN AGED ABOUT 45 YEARS R/AT. E/ 49, “NANDANAM”
OPP. TO SONESTA APARTMENTS, 8TH CROSS, MARUTHI NAGAR, 10TH MAIN, MALLESH PALAYA, NEW TIPPASANDARA POST, BANGALORE – 560075.
(BY SRI HEMANTH KUMAR D., ADVOCATE) AND :
SRI SATHYASEELAN P. A. S/O. P. K. ATHIKEYN AGED ABOUT 48 YEARS R/AT. E/ 49, “NANDANAM”
OPP. TO SONESTA APARTMENTS, 8TH CROSS, MARUTHI NAGAR, 10TH MAIN, MALLESH PALAYA, NEW TIPPASANDARA POST, BANGALORE – 560075.
(BY SRI P. RAVEENDRAN, ADVOCATE) ... APPELLANT ... RESPONDENT THIS M.F.A. IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 15.07.2016 PASSED ON M.C. NO.2247/2011 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT.
THIS M.F.A. COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the respective parties submit that the appellant and the respondent have settled their disputes amicably by filing a joint memo with regard to their right, title and interest in respect of their joint properties. They further submit that the appellant and respondent are also at consensus with the judgment and decree of the IV Additional Principal Judge, Family Court, Bengaluru, dated 15.07.2016 passed in M.C. No.2247 of 2011 under which the marriage between the parties has been dissolved by a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘Act’, for the sake of brevity) and the same being affirmed.
2. Learned counsel further submit that a memorandum of compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 has been filed and that this joint memo is in furtherance of the compromise petition.
3. The parties are present in Court. They have been identified by their respective counsel. When enquired, they submit that they have indeed agreed to settle the dispute amicably and they have filed the memorandum of compromise petition and also the joint memo today. The same are taken on record and perused the memorandum of compromise petition as well as the joint memo are signed by the appellant, respondent and their respective counsel.
4. As noted above, the parties have decided to part ways and they submit jointly that the judgment and decree of the Family Court dissolving the marriage between them by a decree of divorce be confirmed. They further submit that they have come to certain terms and conditions with regard to the joint properties held by them. They further submit that the respondent has already paid a sum of Rs.40,00,000/- to the appellant in full and final settlement of the alimony that the appellant is entitled to which the appellant acknowledges.
5. The memorandum of compromise petition and the joint memo read as under :
Memorandum of Compromise Petition Under Order XXIII Rule of the Code of Civil Procedure, 1908 The appellant and respondent above named beg to submit as follows :
I. Appellant have filed the above appeal against respondent for the relief of setting aside Judgment and decree dated 15.07.2016 passed by the IV Additional Principal Judge, Family Court, Bangalore in M.C. No.2247/2011 dissolving the Marriage of the Respondent with the Appellant solemnized at Madakkathara, Trissur, Kerala, on 26.04.1993 and the same registered on 06.05.1993 before the Local Registrar and Executive Officer, Madakkathara Panchayath, Thrissur, District Kerala.
II. That respondent and appellant are Hindus by religion and got married as per the Hindu Marriage rights at Madakkathara Panchayath, Thrissur, Kerala, on 26.04.1993 and the same was registered as per the Kerala State Hindu Marriage Rules, before the Local Registrar and Executive Officer, Madakkathara Panchayath on 06.05.1993 with No.1/1993.
III. That in the marital life of respondent with appellant three children are born. The elder son born on 31.07.1994 is named Mr.Bharat P.S. Respondent has provided him his education i.e., M.S. in Digital Marketing and Advertising from Tampa University, USA and he after completion of his studies is employed in USA since October 2017. On 20.10.1998 in the second delivery appellant gave birth to twins and they are named Mr. Mohit P.S. and Mr. Amit P.S. After their +12 Education, Mr.Amit P.S. is presently doing his M.Tech. integrated course in Software Engineering at VIT-AP, Amaravathi, AP, from the academic year 2017-18 and Mr. Mohit P.S. is doing the B.Tech course in Electronics and Communication at the same institute. Respondent is supporting children in all aspects in making their career and settling in life.
IV. Respondent preferred petition in M.C. No.2247/2011 before the Court of Principal Judge, Family Court, Bangalore, under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 for the dissolution of the marriage because of the irretrievable broken down of marital relationship for the reasons stated in the petition. The petition was contested by the appellant herein and on merit the court below has decreed the petition. Being aggrieved by the decree passed in M.C. No.2247/2011 appellant has preferred the above appeal.
V. Under the intervention of common friends and well-wishers of both the sides, appellant and respondent have agreed to amicably settle the subject matter of the above appeal by entering into compromises on following terms and conditions :
1. Respondent and appellant have jointly purchased property bearing house site No.1, Khatha No.120/3- A/1, in property No.121/3 and 120/3, New No.445/1-A, situated at Kaggadassapura village, Malleshpalaya Extn., K.R. Puram Hobli, now Bangalore East Taluk, herein after described as Schedule Item No.1 property in the joint name of respondent and appellant under a registered sale deed dated 10.08.2000 and respondent by availing housing loan from Citi Bank have constructed a residential building therein comprising of ground and first floor construction with a super built up area of 2800 sq.ft.
2. Respondent by availing housing loan from ICICI bank has also purchased a residential flat bearing No.D-403 on the fourth floor of the D-Tower of “PEARL BAY” project with a super built up area of 1426 sq.ft. constructed under building Permit No.KRPI-73/05 dated 05.02.2005 issued by Kochi Corporation, in portions of land in Sy. No.806/1, Sy. No.806/2 and Sy. No.1075 in Kadavanthra Desom in Elamkulam village, Kanayannur Taluk, Ernakulam District, Kerala, herein after described as Schedule Item No.2 property in the joint name of respondent and appellant under a registered sale deed dated 29.03.2007 registered as Document No.3459/2007, Book-1, before the Office of Sub-Registrar, Ernakulam Kerala.
3. Towards the monitory support of the appellant, parties have agreed to jointly sell the Schedule Item No.2 property to third party/ies and out of the sale proceeds received, respondent has agreed to pay 50% of the sale consideration/minimum sum of Rs.40,00,000/- (Rupees Forty Lakhs only), whichever is higher to the appellant as an one time permanent alimony. The balance sale consideration will be utilized by the respondent for paying off the debts incurred by him towards the education abroad of the elder son and towards the education of the twin children.
4. Respondent have agreed to gift his 50% undivided share in Schedule Item No.1 property in favour of three children equally under registered gift deed/s. The appellant shall be at liberty to fully occupy or to rent out the same and to receive the rents from the tenanted part of Schedule Item No.1 after this compromise petition is accepted by the Hon’ble High Court of Karnataka. Appellant continue to stay in the schedule Item No.1 property and when rented out, she can receive rents deriving from portion of the Schedule Item No.1 property for her sustenance. The respondent hereby undertakes that he will not disturb appellant in any manner for her peaceful possession and living or from receiving the rents from the tenanted portion of the Schedule Item No.1 during her life time. The respondent shall not personally or through anybody interfere with the peaceful possession of the Schedule Item No.1 property.
5. The appellant and respondent hereby undertakes that the Schedule Item No.1 property be with the appellant during her life time and is at liberty to utilize the said property in the manner she needs and subsequent to her demise, the said property shall go to her three children equally.
6. On arriving at the compromise in respect of the permanent alimony and right to residence during appellant’s life time, both the parties agree that except as aforesaid appellant have no further claim of whatsoever over the respondent in respect of alimony, present or in future and they do not have any claim against each other on movable or immovable properties owned by them in the past, present or that may be acquired in future or received from their respective parents.
7. In view of the settlement arrived between the parties, the respondent hereby withdraws all the allegations made against the appellant before the trial Court in M.C. No.2247/2011 and in the same manner, the appellant hereby withdraws all the allegations made by her against the respondent. Both the parties mutually agrees for the dissolution of the marriage between them admitting the irretrievable breakdown of the marital relationship.
8. Appellant and respondent submit that there is no force, duress or coercion in entering into the above compromise and that they have voluntarily on mutual discussions/negotiation arrived at the above terms and conditions of compromise.
WHEREFORE appellant and respondent pray that this Hon’ble High Court may be pleased to dispose off the above appeal by confirming the judgment and decree dated 15/07/2016 passed by the IV Addl. Principal Judge, Family Court, Bangalore, in M.C. No.2247/2011 dissolving the marriage of the respondent with the appellant solemnized on 26.04.1993 at Madakkathara, Trissur, Kerala, and the same registered on 06.05.1993 before the Local Registrar and Executive Officer, Madakkathara Panchayath, Thrissur, District Kerala and the decree may be drawn as per the terms of this compromise petition in the interest of justice.
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