Smt E Prema Kumari vs Sri B Panduranga Rao
2021 Latest Caselaw 5763 Kant

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 8TH DAY OF DECEMBER, 2021

                            PRESENT

           THE HON'BLE MR. JUSTICE B. VEERAPPA

                             AND

         THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA

       MISCELLANEOUS FIRST APPEAL No.4802/2019 (FC)

BETWEEN:

SMT. E. PREMA KUMARI,
AGED 55 YEARS,
D/O LATE ESWAR RAO,
W/O B. PANDURANGA RAO,
NO.99,. 1ST MAIN ROAD,
2ND CROSS, RMV 2ND STAGE,
ASHWATH NAGAR,
BANGALORE-560094.
                                             ...APPELLANT

(BY SRI M. ARUN PONAPPA, ADVOCATE)

AND:

SRI B. PANDURANGA RAO,
AGED 58 YEARS,
S/O LATE BHIMA RAO GOREY,
NO.9, NEAR RENUKAMBA TEMPLE,
KRISHNA TEMPLE ROAD,
                                 2




DODDA BOMMASANDRA
BANGALORE-560097.
                                                   ...RESPONDENT

(BY SRI B.R. PRABHULING MURTHY, ADVOCATE)

                           ****
     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 19(1) OF FAMILY COURTS ACT, PRAYING TO SET ASIDE
THE JUDGMENT AND DECREE DATED 15/03/2019, PASSED IN MC.
NO.2305/2012, ON THE FILE OF THE III ADDITIONAL PRINCIPAL
JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION
FILED UNDER SECTION 13(1)(ia) & (ib) OF HINDU MARRIAGE ACT.

    THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, B.VEERAPPA J., DELIVERED THE FOLLOWING:


                          JUDGMENT

The present Miscellaneous First Appeal is filed by the

appellant - wife against the judgment & decree dated 15th March

2019 made in M.C. No.2305/2012 on the file of the III Addl. Prl.

Judge, Family Court, Bengaluru, allowing the petition filed by the

respondent - husband under the provisions of Section 13(1)(i-a) of

the Hindu Marriage Act.

2. When the matter came up before this Court on 25th August

2021, learned counsel for the respondent submitted that the

respondent has filed affidavit of undertaking by which he has

undertaken to pay totally a sum of Rs.14,00,000/- to the appellant,

in full and final settlement of her claims against the respondent.

Learned counsel for the respondent also submitted that a sum of

Rs.4,00,000/- has already been deposited by the respondent before

the III Addl. Principal Judge, Family Court, Bengaluru, which the

appellant can withdraw and the respondent has also undertaken to

pay a sum of Rs.10,00,000/- to the appellant from his service

benefits, on his retirement from service on 30.11.2021.

3. This Court by the order dated 25.8.2021, placed the

affidavit of undertaking filed by the respondent on record and

directed the Bangalore Electric Supply Company (BESCOM),

wherein the respondent is serving as a Lineman to release a sum of

Rs.10,00,000/- only to the appellant at the time of disbursement of

the service benefits, on the retirement of the respondent on

attaining the age of superannuation in November-2021.

4. Today, learned counsel for the appellant has filed memo

stating that the matter has been settled, in terms of the Court

order dated 25.8.2021 and hence, the appeal may be disposed off

as settled out of Court. The memo is duly signed by the appellant,

who is present before the Court as well as learned counsel for the

appellant.

5. The memo dated 8.12.2021 is placed on record.

6. Learned counsel for the appellant, on instructions from the

appellant submits that appellant has received a sum of

Rs.10,00,000/- (Rupees ten lakhs only) from the BESCOM, in terms

of the Court order dated 25.8.2021.

In view of the above, the appeal is disposed off as settled

out of Court, in terms of the Court order dated 25.8.2021.

Accordingly, the impugned judgment passed by the Family Court

granting decree of divorce, is confirmed.

Sd/-

JUDGE

Sd/-

JUDGE

Gss*