IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 PRESENT THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD MFA NO.612/2017 (FC) BETWEEN:
SRI MANISH KUMAR MAHOBE S/O SRI RAVINDRA MAHOBE AGED ABOUT 34 YEARS R/AT NO.76, 3RD CROSS PUTTENAHALLI, J.P.NAGAR 7TH PHASE, BANGALORE - 560 078. (BY SRI. SRIDHAR B. K., ADV.) AND SMT R D SUMITHRA D/O SRI DHAN SINGH AGED ABOUT 33 YEARS R/AT NO. 67, 5TH CROSS VINAYAKANAGAR BEHIND TATASTEEL FACTORY MEDAHALLI, BANGALORE - 560 049.
(BY SRI.T.NARAYANA, ADV.) ... APPELLANT ... RESPONDENT THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED:01.10.2016 PASSED IN M.C.NO.4764/2015 ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia) OF HINDU MARRIAGE ACT.
THIS MFA COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Appellant-husband had filed M.C.No.4764/2015 before the II Addl. Principal Judge, Family Court, Bangalore under Section 13(1)(ia) of the Hindu Marriage Act. By judgment and decree dated 1.10.2016, the said petition was dismissed. Being aggrieved by the same, the appellant has preferred this appeal.
2. During the pendency of this appeal, this Court referred the matter to the Bangalore Mediation Centre (BMC) in order to explore the possibility of a settlement in the matter. The appellant and the respondent appeared before the BMC and they have settled their disputes amicably. 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 has been drawn and the same is appended to the report submitted by the Director, Bangalore Mediation Centre dated 11.3.2019.
3. Learned counsel for respective parties submit that this appeal may be disposed off in terms of the settlement arrived at between the parties.
4. Parties are present before the Court. They are identified by their respective learned counsel. They also submit that they have arrived at a settlement before the BMC and there is no impediment for this Court to accept the settlement and dispose of the appeal in terms of the settlement.
5. Learned counsel for the appellant submits that having regard to the terms of the settlement, a sum of Rs.10,00,000/- is the amount payable to the respondent towards permanent alimony and that a sum of Rs.5,00,000/- has already been paid which has been acknowledged by the respondent. He submits that the balance amount of Rs.5,00,000/- is being paid by way of DD bearing No.535335 dated 8.3.2019 issued by Kotak Mahindra Bank Ltd., J.P.Nagar Branch, Bangalore and that the same is handed over to the respondent. Learned counsel for the respondent acknowledges the receipt of the same on behalf of the respondent.
6. Settlement drawn before the BMC is taken on record. It is signed by the respective parties and their advocates. The same reads as under:.
“MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE(MEDIATION) RULES, 2005.
The parties above named submit as follows:-
I. The Appellant has filed the above petition against the judgment and decree dated:01.10.2016 passed in M.C.No.4764/2015 passed by the Hon’ble II Addl. Prl. Judge, Family Court, Bengaluru.
II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions:
1. That the marriage solemnized between the parties on 12.09.2010 at Bengaluru has irretrievably broken down and there exists no chance of reconciliation between them. Both the parties agree that, it would be in their best interest to mutually agree for the dissolution of their marriage.
2. The parties agree that they having parted way back in the year 2014 and have no cohabited since.
3. The parties agree and accept that of the proceedings instituted by the respondent in Crl.Misc.123/2015 and M.C.No.5098/2015 have all been dismissed for non prosecution while the proceedings instituted by her in C.C.No.29610/2015 before the ACMM, Bengaluru, has resulted in the appellant herein being acquitted by the order dated:13.07.2017.
4. The parties there after having had several attempts at rapprochement in order to resolve their conflict the appellant herein having offered to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) as a permanent alimony of which a sum of Rs.5,00,000/- having already been paid to the respondent herein, the receipt of which the respondent acknowledges.
5. The petitioner having agreed to pay the balance amount of Rs.5,00,000/- by way of demand draft drawn on Kotak Mahindra Bank Ltd., bearing No.535335, dated 08.03.2019 at the time of recording of the settlement before the Hon’ble Court the respondent with a view to seek a final quittance to the dispute has consented to the dissolution of their marriage by mutual consent.
6. The petitioner agrees that he shall have no objection of whatsoever kind for the respondent to have the sole and absolute custody of their minor child named Yuvaan Kumar Mahabe who is now aged 5 years and agrees that he shall not claim any sort of visitation under these proceedings.
7. Both parties agree and admit that they have entered into this compromise/settlement/agreement on their own free will and consent without any force, fraud, coercion or any undue influence from any one.
8. The parties assure each other that there are no other pending legal proceedings between them and if any in view of the settlement arrived at in these proceedings the same shall not be pressed or prosecuted in further.
9. The parties agree that they have no mutual claim either movable or immovable against each other.
III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon’ble Court be pleased to record the settlement and dissolve their marriage solemnized on 12.09.2010 at Bengaluru, in terms of this settlement.
IV. Parties will appear before the Hon’ble Court for passing orders in terms of the settlement/agreement.
Appellant Respondent Sd/- Sd/-
Advocate for Advocate for Appellant Respondent 7. On a reading of the same, it is noted that the marriage between the parties is sought to be dissolved by mutual consent. In the circumstances, this settlement is construed to be an application filed under Section 13-B of the Hindu Marriage Act, 1955.
In the circumstances, the marriage between the parties is dissolved by mutual consent under the aforesaid provision.
8. The appeal is disposed off in terms of the settlement by setting aside the judgment and decree dated 1.10.2016 passed in M.C.No.4764/2015 by the II Addl. Principal Judge, Family Court, Bangalore.
Office to draw a decree accordingly.
Sd/- JUDGE Sd/- JUDGE DM/-