IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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.2469 OF 2018 (FC) BETWEEN:
SMT. SHILPA B.A D/O SRI ANNEGOWDA AGED 33 YEARS PRESENTLY RESIDING AT BOODANOORU VILLAGE KERAPAPURA POST RAMANATHPURA HOBLI ARKALGUDU, HASSAN-573201 ... APPELLANT (BY SRI. VELMURUGAN. S, ADVOCATE) AND:
SRI. M.R.VEDAMURTHY S/O SRI. REVANNA M.A. AGED ABOUT 34 YEARS RESIDING AT SRI GURU JENUKALLU SIDDESHWARA NILAYA, NEAR HELIPAD UDAYAGIRI EXTENSION HASSAN-573201 ... RESPONDENT (BY SRI. CHANDRAKANTH R, ADVOCATE) ***** THIS APPEAL IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, 1984, AGAINST THE JUDGMENT AND DECREE DATED 22/02/2018, PASSED IN MC NO.21/2017, ON THE FILE OF THE PRL. JUDGE, FAMILY COURT, HASSAN, ALLOWING THE PETITION 13(1)(ia) and 13(1)(ib) OF THE HINDU MARRIAGE ACT, 1955.
THIS APPEAL IS COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T The appellant is the wife, while the respondent is the husband. The correctness of the Judgment and decree passed in M.C. No.21/2017 by the Principal Judge, I Addl. Family Court, Hassan (‘Court below’ for short) dated 22.2.2018 is assailed by the wife in this appeal. The said M.C.No.21/2017 was filed by the respondent-wife under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘Act’ for the sake of brevity) seeking dissolution of marriage between the parties which was performed on 14.11.2011 at Keralapura by a decree of divorce. By Judgment and decree dated 22.02.2018 decree of divorce was granted by the Court below.
2. Learned counsel for the parties submit that during pendency of this appeal, the matter was referred to Bangalore Mediation Centre and the parties have arrived at a settlement and a memo of agreement under Section 89 of the Code of Civil Procedure, 1908 r/w Rules 24 and 24 of the Karnataka Civil Procedure (Mediation) Rules, 2005 has been arrived at and signed by the parties.
3. Learned counsel for the respective parties further submit that the appellant has consented for the confirmation of the Judgment and decree of the trial Court subject to payment of a sum of Rs.7,50,000/- towards full and final settlement of permanent alimony/maintenance. They further submit that out of the said agreed sum, Rs.1,00,000/- was paid by way of Demand Draft bearing No.610186 dated 08.07.2019 drawn on State Bank of India, Hassan City, Hassan, at the time of signing the settlement on 09.07.2019.
4. Learned counsel for the respondent submits that balance amount of Rs.6,50,000/- is being paid by way of Demand Draft bearing No.103686 dated 11.10.2019 in favour of the appellant drawn on State Bank of India, Hassan city, Hassan, which is being handed over before this Court.
5. Learned counsel for respective parties further submit that the appeal may be disposed of in terms of the settlement arrived at between the parties.
6. The parties are present before this Court having been identified by their respective counsel. When queried by this Court, they stated that they have arrived at settlement of the disputes of their own free volition without there being any coercion or undue influence from any one. They have stated that they would abide by the terms of the settlement and that they would have no further claims against each other. The appellant submitted that the Judgment and decree passed by the trial Court may be confirmed as she has consented for divorce being granted. The Memorandum of Settlement is taken on record and perused. The same reads as under:
“MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
I. The above appeal is filed by the appellant u/s 19(1) of the Family Court Act, against the judgment and Decree dated 22.08.2018 passed in M.C.No.21/2017 on the file of the Principal Judge, Family Court, Hassan.
II. The above appeal is referred to mediation for resolving the dispute between the parties. During the course of mediation the parties, brother and sister-in-law of the appellant and brother of the respondent along with their counsel were present, they have resolved their disputes by agreeing to the following terms and conditions:-
1. The appellant and the respondent are the wife and husband being Hindus, their marriage having been solemnized on 14.11.2011 at Sri Saleshwara Pattasali Nejhara Samudaya Bhavana, Keralapura, as per Hindu rites and customs.
2. The parties state that they have no children from the said marriage.
3. That due to irreconcilable differences and incompatibility of temperaments, the appellant and the Respondent have been living separately since February 2012. There is absolutely no chance of reunion amongst themselves. The appellant and the respondent state that the marriage between them has been broken down irretrievably. The appellant has agreed to withdraw the present appeal MFA No.2469/2018 before this Hon’ble Court and confirm the order passed by the I Addl. Family Court, Hassan in M.C.21/2017, dated 22.02.2018.
4. In view of the settlement arrived at, the respondent has agreed to pay a sum of Rs.7,50,000/- (Rupees Seven Laksh Only) to the appellant towards permanent alimony/maintenance in full and final settlement of all her claims, the appellant has agreed for the same. The aforesaid amount is agreed to be paid as follows:-
a. Out of the agreed sum, Rs.1,00,000/- (Rupees One lakh Only) is already paid by way of Demand Draft bearing No.610186, dated 08.07.2019, drawn on State Bank of India, Hassan City, Hassan, at the time of signing this agreement on 09.07.2019, the appellant acknowledges receipt of the same.
b. Remaining balance amount of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand Only) is agreed to be paid by way of Demand Draft in favour of the appellant before the Hon’ble High Court of Karnataka, Bengaluru at the time of reporting this settlement on 03.09.2019.
5. Apart from what is agreed above, the appellant and the respondent state that, they have no other claims of whatsoever nature against each other towards maintenance/permanent alimony either past, present or future and also have no claims over the movable/immovable properties belonging to each other and have already exchanged their respective valuable articles and other personal belongings.
6. Both the parties state that there has been no collusion or force, fraud or any undue influence in entering into this settlement/agreement in the aforesaid manner.
7. Both the parties shall not interfere with each other’s life in any manner whatsoever, in future.
8. The appellant hereby agrees that the judgment and decree of divorce dated 22.02.2018 passed in M.C.No.21/2017 on the file of the Principal Judge, Family Court, Hassan, for having dissolved the marriage of the respondent and appellant solemnized on 14.11.2011 at Sri Saleshwara pattasali Nejhara Samudaya Bhavana, Keralapura, is to be confirmed.
III. In view of the aforesaid agreement entered into between the parties, the parties humbly pray that this Hon’ble High Court of Karnataka, Bengaluru, be pleased to pass necessary orders, in terms of and this settlement/agreement.
IV. Parties will appear before this Hon’ble High Court of Karnataka, Bengaluru, for passing orders in terms of the settlement/agreement.”
7. Learned counsel for the parties have filed a joint memo with regard to payment of the amount. The same is taken on record. A Demand Draft for a sum of Rs.6,50,000/- is handed over to the learned counsel for the appellant, which is, in turn, handed over to the appellant, who acknowledges receipt of the same.
8. On a perusal of the terms and conditions of the settlement, we find that they are lawful and that there is no legal impediment for accepting the same.
In the circumstances, the appeal is disposed of in terms of the settlement arrived at between the parties. The Judgment and decree of the Court of the Principal Judge, I Additional Family court, Hassan passed in M.C.No.21/2017 dated 22.02.2018 is confirmed.
Sd/- JUDGE Sd/- JUDGE ln