Karnataka High Court
Anil Anandsoans vs Dr. Lakshmi Gangadharan on 13 December, 2021
Bench: B.Veerappa, K S Hemalekha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH 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.5079/2019 (GW)
C/W
MISCELLANEOUS FIRST APPEAL No.5080/2019 (FC)
MISCELLANEOUS FIRST APPEAL No.5081/2019 (GW)
IN M.F.A No.5079/2019 (GW)
BETWEEN:
ANIL ANANDSOANS
S/O EDWARD SOANS
AGED ABOUT 48 YEARS
R/AT 692/3, "IVY" SHIVA BAGH
NEW ROAD, KADRI
MANGALORE TALUK,
D.K DISTRICT - 575001.
...APPELLANT
(BY SRI ARUN GOVINDRAJ, ADVOCATE)
AND:
DR. LAKSHMI GANGADHARAN
W/O ANIL ANAND SOANS
AGED ABOUT 42 YEARS
R/AT 304, SHASHI KIRAN APARTMENTS
18TH CROSS ROAD, MALLESWARAM
BANGALORE - 560055.
...RESPONDENT
(BY SRI GOVINDARAJU L, ADVOCATE)
-2-
****
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 47(A) OF THE GUARDIANS AND WARDS
ACT, 1890, PRAYING TO I) CALL FOR RECORDS IN G&WC
NO.222/2007 ON THE FILE OF THE VI ADDL. PRINCIPAL
JUDGE, FAMILY COURT AT BANGALORE II) SET ASIDE THE
JUDGMENT AND ORDER PASSED BY THE VI ADDL.
PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE IN
G&WC NO.222/2007 DATED 01/04/2019 AND
CONSEQUENTLY DISMISS THE G&WCNO.222/2007 ON
THE FILE OF VI ADD. PRINCIPAL JUDGE, FAMILY COURT
AT BANGALORE III) GRANT SUCH OTHER AND FURTHER
RELIEFS ON THE FACTS AND CIRCUMSTANCES OF THE
CASE IN THE INTEREST OF JUSTICE AND EQUITY.
IN M.F.A No.5080/2019 (FC)
BETWEEN:
ANIL ANANDSOANS
S/O EDWARD SOANS
AGED ABOUT 48 YEARS
R/AT 692/3, "IVY" SHIVA BAGH
NEW ROAD, KADRI
MANGALORE TALUK,
D.K DISTRICT - 575001.
...APPELLANT
(BY SRI SHRIHARI K, ADVOCATE)
AND:
DR. LAKSHMI GANGADHARAN
W/O ANIL ANAND SOANS
AGED ABOUT 42 YEARS
R/AT 304, SHASHI KIRAN APARTMENTS
18TH CROSS ROAD
MALLESWARAM
BANGALORE - 560055.
...RESPONDENT
(BY SRI ARUN GOVINDRAJ, ADVOCATE FOR
SRI GOVINDARAJU L, ADVOCATE)
-3-
****
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 39 OF THE SPECIAL MARRIAGE ACT,
1954, PRAYING TO I) CALL FOR RECORDS IN MC
NO.2836/2007 ON THE FILE OF THE VI ADDL. PRINCIPAL
JUDGE, FAMILY COURT AT BANGALORE II) SET ASIDE THE
JUDGMENT AND ORDER PASSED BY THE VI ADDL.
PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE IN MC
NO.2836/2007 DATED 01/04/2019 AND CONSEQUENTLY
DISMISS THE MC NO.2836/2007 ON THE FILE OF VI ADD.
PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE III)
GRANT SUCH OTHER AND FURTHER RELIEFS ON THE
FACTS AND CIRCUMSTANCES OF THE CASE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN M.F.A No.5081/2019 (GW)
BETWEEN:
ANIL ANANDSOANS
S/O EDWARD SOANS
AGED ABOUT 45 YEARS
R/AT 692/3, "IVY" SHIVA BAGH
NEW ROAD, KADRI
MANGALORE TALUK,
D.K DISTRICT - 575001.
...APPELLANT
(BY SRI SHRIHARI K, ADVOCATE)
AND:
DR. LAKSHMI GANGADHARAN
W/O ANIL ANAND SOANS
AGED ABOUT 43 YEARS
R/AT 304, SHASHI KIRAN APARTMENTS
18TH CROSS ROAD
MALLESWARAM
BANGALORE - 560055.
...RESPONDENT
(BY SRI ARUN GOVINDRAJ, ADVOCATE FOR
SRI GOVINDARAJU L, ADVOCATE)
****
-4-
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 47(A) OF THE GUARDIANS AND WARDS
ACT, 1890, PRAYING TO I) CALL FOR RECORDS IN G&WC
NO.133/2010 ON THE FILE OF THE VI ADDL. PRINCIPAL
JUDGE, FAMILY COURT AT BANGALORE II) SET ASIDE THE
JUDGMENT AND ORDER PASSED BY THE VI ADDL.
PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE IN
G&WC NO.133/2010 DATED 01/04/2019 AND
CONSEQUENTLY ALLOW THE G&WC NO.133/2010 ON THE
FILE OF VI ADDL. PRINCIPAL JUDGE, FAMILY COURT AT
BANGALORE III) GRANT SUCH OTHER AND FURTHER
RELIEFS ON THE FACTS AND CIRCUMSTANCES OF THE
CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THESE MISCELLANEOUS FIRST APPEAL COMING ON
FOR ADMISSION THIS DAY, B.VEERAPPA J., DELIVERED
THE FOLLOWING:
JUDGMENT
These three appeals are filed by the appellant-
husband against the impugned judgment and decree
dated 01.04.2019 made in M.C.No.2836/2007 on the
file of the VI Additional Principal Judge, Family Court,
Bengaluru, allowing the petitions filed by respondent-
wife under the provisions of Section 27(1) (d) of the
Special Marriage Act, granting decree of divorce and
the petition in G & WC No.222/2007 filed under the
provisions of Section 17 of Guardian and Wards Act
declaring her as the legal guardian of the minor son
and dismissing the petition filed by the appellant-
husband in G & WC No.133/2010 under the provisions
of Section 7, 10, 12 and 25 of Guardian and Wards
Act for custody of the minor child.
2. When the matter came up before this Court
on 16.11.2021, both parties have agreed for an
amicable settlement and to dissolve the controversy
between the parties and the appellant had agreed to
pay a sum of Rs.3,00,000/- to the son and the same
was agreed by Smt.Lakshmi Coates- respondent who
appeared through video conferencing from Cambridge,
U.K. in the presence of her counsel. On 29.11.2021,
learned counsel for the appellant submitted that in
terms of the order passed by this Court dated
16.11.2021, the appellant has already paid a sum of
Rs.1,50,000/- out of Rs.3,00,000/- payable to the son
and further sought two weeks time to pay the balance
amount of Rs.1,50,000/- as he was not well.
3. Today, learned counsel for the appellant
files a memo dated 13.12.2021, wherein, he has
specifically stated that on 17.11.2021 the appellant
has paid Rs.1,50,000/- and on 07.12.2021 he has
paid the balance amount of Rs.1,50,000/- to the
respondent through NEFT/RTGS.
Said memo is placed on record.
4. Receipt of total sum of Rs.3,00,000/-
through NEFT/RTGS is not disputed by the learned
counsel for respondent.
5. It is stated in the memo that the appellant
does not wish to prosecute the present appeal
challenging the impugned order and decree made in
M.C.No.2836/2007, G & WC Nos.222/2007 and
133/2010.
6. Learned counsel for both the parties submit
that the minor child- Master Arjun Chittaranjan Soans
was born on 27.12.2003 and all these years he was
with his mother and further submitted that the son
would attain majority on 26.12.2021 i.e., hardly
another fifteen days.
Said submission is placed on record.
In view of the memo and the fair submission
made by learned counsel for both parties, the
impugned judgment and decree dated 01.04.2019
made in G & WC No.222/2017 filed by the wife as
regard to custody of the minor child is hereby
confirmed.
The impugned judgment and decree dated
01.04.2019 made in M.C.No.2836/2007 is confirmed
as the appellant does not wish to prosecute the
appeal.
The impugned judgment and decree made in G &
WC No.133/2010 filed by the husband would not
survive for consideration as the Son is attaining
majority within fifteen days.
In view of the above, the appeals are disposed
of.
Adverse remarks, if any, made against the wife
or the husband are hereby expunged.
Since the main appeals are disposed off, the
pending I.A.'s do not survive for consideration,
accordingly, stand disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
PN
CT.GD
