N. Komala vs Sandeep G B
2021 Latest Caselaw 6203 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 15TH 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.2239/2020 (FC)

BETWEEN:

N KOMALA
D/O M.N NARASIMHA MURTHY
W/O SANDEEP G.B
AGED ABOUT 31 YEARS
R/AT BEHIND ROTARY SCHOOL
SUJNANA NAGAR
VIJAYAPURA
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT - 562135.
                                     ...APPELLANT
(BY SRI KALYAN R, ADVOCATE)

AND:

SANDEEP G.B
S/O G.T BADRINARAYANA
AGED ABOUT 40 YEARS
R/AT NO.408/A
6TH MAIN, MULKI SUNDAR RAM SHETTY NAGAR
VIJAYA BANK LAYOUT, BILEKAHALLI
BENGALURU - 560076.
                                     ...RESPONDENT
(BY SRI S RAJASHEKAR, ADVOCATE)
                           -2-

                        ****
     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 19(1) OF THE FAMILY COURT ACT, 1984,
AGAINST THE JUDGMENT AND DECREE DATED 10.02.2020
PASSED IN MVC NO.4052/2017 ON THE FILE OF THE VI
ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU,
ALLOWING THE PETITION FILED UNDER SECTION
13(1)(IA) OF THE 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 has been

filed by the appellant- wife against the impugned

judgment and decree dated 10.02.2020 made in

M.C.No.4052/2017 on the file of the VI Additional

Principal Judge, Family Court, Bengaluru, allowing the

petition filed by the respondent- husband under the

provisions of Section 13(1)(ia) of the Hindu Marriage

Act and dismissing the counter claim filed by the

appellant- wife under the provisions of Section 9 of

the Hindu Marriage Act.

2. After persuasion by learned counsel

appearing for the parties, the parties have agreed for

settlement and have filed compromise petition under

Order 23 Rule 3 of CPC duly signed by the appellant

and the respondent, wherein, the respondent has

agreed to pay permanent alimony of Rs.20,00,000/-

(Rs.10,00,000/- to the wife and Rs.10,00,000/- to the

minor daughter).

3. Learned counsel for the respondent

submits that the respondent has paid a sum of

Rs.2,00,000/- towards alimony by way of Demand

Draft bearing No.573089, dated 14.12.2021 drawn on

Bank of Baroda, MSRS Nagar, Bengaluru. Same is

acknowledged by the appellant in the presence of her

counsel.

4. Accordingly, a sum of Rs.10,00,000/-

(Rupees Ten Lakshs Only) is ordered to be paid to the

appellant on or before 31.03.2022 and insofar as the

minor child- Krishnashree, a sum of Rs.10,00,000

(Rupees Ten Lakhs Only) is ordered to be deposited in

Fixed Deposit in any Nationalized Bank till the child

attains majority. However, the appellant is entitled

for the periodical interest once in every six months for

the purpose of welfare or to meet out the educational

expenses of the minor child.

5. It is further agreed by the appellant that

she would not claim any enhanced maintenance in

future and also agreed not to claim any right, title or

interest over the property of the respondent or his

family members. She has also agreed to withdraw the

C.Misc.No.124/2018 filed under the provisions of

Domestic Violence Act, pending on the file of the

Family Court at Devanahalli on receipt of permanent

alimony. Both parties have submitted that they have

exchanged all movable items and no other movable

items are pending with one another.

6. When a query was made by the Court to

the appellant as well as the respondent in the

presence of their respective counsel with regard to the

compromise, they submitted that they have

voluntarily entered into the compromise with their free

consent and without there being any force, coercion or

undue influence.

7. In view of the compromise petition where

the respondent has agreed to pay permanent alimony,

the marriage between the appellant and the

respondent solemnized on 09.10.2013 is dissolved on

payment of the said amount to the appellant and the

minor child on or before 31.03.2022.

In view of the terms and conditions of the

compromise petition, we pass the following

ORDER

The appeal filed by the appellant against the

impugned judgment and decree dated 10.02.2020

made in M.C.No.4052/2017 on the file of the VI

Additional Principal Judge, Bengaluru is hereby

confirmed, subject to payment of permanent alimony

as ordered above on or before 31.02.2022 without

giving room for contempt proceedings.

It is always open for the appellant to initiate

contempt petition or to file an application for revival of

the present appeal, if the respondent fails to comply

this order.

Office is directed to draw compromise decree

accordingly. The compromise petition shall be part

and parcel of the decree.

Sd/-

JUDGE

Sd/-

JUDGE

PN CT.GD