IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.436 OF 2014 (FC) BETWEEN:
SRI RAJAGANESH S/O ARANGANATHAN AGED: 35 YEARS RESIDING AT: NO. 35/13 4TH CROSS STREET EAST SHENOY NAGAR CHENNAI-600 030. :APPELLANT (BY SRI AMIT MANDGI, ADV.) AND:
SMT. B. UMA MAHESWARI D/O T V BALASUBRAMANYA AGED: 33 YEARS RESIDING AT: NO.15/13 CAMBRIDGE ROAD JEEVAN KENDRA LAYOUT, ULSOOR BENGALURU-560 008. :RESPONDENT (BY SRI C K NANDAKUMAR, ADV.) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28 OF THE HINDU MARRIAGE ACT, 1955, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 12/12/2013 PASSED IN M.C.NO.1262/2008 PASSED BY THE 1ST ADDITONAL PRINICIPAL JUDGE, FAMILY COURT AT BENGALURU; TO AWARD EXEMPLARY COSTS; TO PASS ANY SUCH OTHER ORDER THAT THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR HEARING THIS DAY, ASHOK G. NIJAGANNAVAR J., DELIVERED THE FOLLOWING:
JUDGMENT The appellant - petitioner has filed this appeal for setting aside the Judgment and order dated 12/12/2013, passed in M.C.No.1262/2008, by I additional Principal Judge, Family Court Bengaluru.
2. Both the appellant and respondent have appeared before the Court and have filed a memorandum of compromise petition under Order 23 Rule 3 CPC, wherein they have prayed for disposal of appeal in terms of compromise petition and for granting a decree for divorce.
3. It is submitted that both parties have entered into settlement and that their marriage shall be dissolved by mutual consent in terms of the compromise petition.
4. Considering the submissions of the appellant, respondent and their counsels, the memorandum of compromise petition is taken on record. The parties have admitted the terms of the compromise. Accordingly we proceed to pass the following:
ORDER The appeal is allowed. The order passed by the Family Court, Bengaluru, dated 12.12.2013, in M.C. No.1262/2008 is hereby set aside.
The marriage between the appellant and the respondent held on 13.11.2005 as per Hindu rites and customs at Sri Rama Kalyan Mandapam, Nungambakkam, Chennai is dissolved by a decree of divorce.
The appellant has agreed to pay the respondent, permanent alimony of Rs.50,00,000/-. Out of the said amount, Rs.10,00,000/- has already been paid. The balance amount of Rs.40,00,000/- shall be paid by the husband – appellant to the wife – respondent, in two equal instalments on or before 31.01.2019.
Sd/- JUDGE Sd/- JUDGE sac*