IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF DECEMBER, 2017 PRESENT THE HON’BLE MR.JUSTICE B.S.PATIL AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR MFA NO.5743 OF 2014(FC) Between:
Smt. S. Kalpana, W/o. Mohan Raj N., Aged about 32 years, Residing at No.34/B, Byyapanahalli, Railway Quarters, Bengaluru – 560 038.
(By Sri. Krishna B.J., Advocate) And:
Sri. Mohan Raj. N, S/o Late Natraj A, Aged about 36 years, Residing at Sri. Sampingeramaiah, Hale Chandapura Village, Anekal taluk, Bengaluru – 560 081.
…Appellant …Respondent (By Sri. H. K. Singh, Advocate) This MFA is filed under Section 19(1) of Family Court Act, against the Judgment and Decree dated 18.07.2014 passed in M.C.No.3568/2010 on the file of the III Additional Principal Judge, Family Court, Bengaluru, allowing the petition filed under Section 13(1)(ia) of the Hindu Marriage Act, and dismissing the petition filed under Section 13(1)(ib) of the Hindu Marriage Act.
This MFA coming on for Orders this day, B.S.Patil J, delivered the following:-
J U D G M E N T This appeal is filed by Smt. S. Kalpana, wife of respondent, challenging the judgment and decree passed by the III Additional Principal Judge, Family Court, Bengaluru in M.C.No.3568/2010, thereby dissolving the marriage solemnized on 07.09.2009 between the appellant and the respondent.
2. The Family Court has awarded permanent alimony in a sum of Rs. 2,00,000/- and interim maintenance of Rs.1,000/- per month from 06.08.2011 till the date of judgment. The arrears of interim maintenance in a sum of Rs.35,000/- for a period of 35 months has also been ordered to be paid within a period of two months from the date of the judgment.
3. During the pendency of this appeal, both parties have settled their disputes and have filed Compromise Petition under Order XXIII Rule 3 of the Code of Civil Procedure. Both parties are present before the Court. They are identified by their respective counsel.
4. In terms of compromise, respondent- husband Sri. Mohan Raj N., has agreed to pay additional sum of Rs.1,50,000/- apart from Rs.2,00,000/-, which has been ordered and deposited.
5. It is submitted at the Bar by learned counsel for both parties that the sum of Rs.2,00,000/- towards permanent alimony and Rs.35,000/- towards arrears of maintenance which is ordered by the Court below has been deposited before the Court below.
6. Both parties have agreed that additional sum of Rs.1,50,000/- shall be paid by the husband- respondent herein, to the wife-appellant herein, in full and final settlement of their claim.
7. Appellant submits to the query of the Court that she has understood the contents of the compromise petition and has voluntarily agreed for the same. Similarly, respondent, Sri. Mohan Raj N., submits that the dispute has been amicably settled and he has agreed for the terms and conditions mentioned in the compromise petition. We are of the view that the compromise petition deserves to be accepted and this appeal deserves to be disposed of recording the terms of compromise.
8. Accordingly, the appeal is disposed of. In modification of the judgment and decree dated 18.07.2014 passed in M.C.No.3568/2010 by the III Additional Principal Judge, Family Court, Bengaluru, it is ordered that the judgment and decree directing dissolution of marriage shall stand confirmed. Permanent alimony ordered to be paid is enhanced to Rs.3,50,000/-. As Rs.2,00,000/- is already deposited by the respondent, the balance amount of Rs.1,50,000/- shall be paid within one month from today. The amount deposited before the Court below shall be permitted to be withdrawn by the appellant.
Registry to draw decree accordingly.
SD/- JUDGE SD/- JUDGE Bmc