Mrs. Ankita vs Mr. Nitin Kumar
2021 Latest Caselaw 2673 Kant

                         -: 1 :-

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 7TH DAY OF JULY, 2021

                        PRESENT

       THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA

                           AND

    THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

                M.F.A. No.6475/2019 (FC)

BETWEEN:

MRS.ANKITA
W/O NITIN KUMAR
AGE : 32 YEARS, OCC. DOCTOR
PRESENTLY R/AT SHASHIKANT JHA
DENTAL SURGEON, SHAHGANJ BENTA
POST OFFICE D.M.C. LAHERIASARAI
DARBHANGA, BIHAR - 846 003.
                                             ... APPELLANT

(BY SRI ASIM MALIK, ADVOCATE)

AND:

MR.NITIN KUMAR
S/O BRAHAMANAND JHA
AGE: 33 YAERS, OCC. SERVICE
R/AT FLAT NO.437, E-BLOCK
RAM PRIYA, BRUNDAVAN GARDENIA,
4TH MAIN, 4TH CROSS,
HANUMAGIRI LAYOUT,
BENGALURU - 560 061.
                                           ... RESPONDENT

(BY SRI. ABHILESH J., ADVOCATE)

      THIS MFA IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE
DATED 20.06.2019 PASSED IN M.C.NO.2684/2018 ON THE FILE
OF VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION
13(1)(ia) and (ib) OF HINDU MARRIAGE ACT, 1955.
                            -: 2 :-

    THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
NAGARATHNA J., DELIVERED THE FOLLOWING:

                     JUDGMENT

Though this appeal is listed for admission, learned

counsel for the respective parties submitted that, the

parties have negotiated a settlement and they have filed a

joint memo and hence, the appeal may be disposed of in

terms of the joint memo.

2. Learned counsel for the respective parties further

submitted that the parties have appeared through video

conference, as the appellant is a resident of Darbhanga,

Bihar, while the respondent is a resident of Bengaluru.

They have been identified by their respective counsel.

3. This appeal is filed by the appellant-wife against

the respondent-husband assailing the judgment and

decree passed by the VI Additional Principal Judge, Family

Court, Bengaluru, in MC No.2684/2018 dated 20.6.2019.

By the said judgment and decree, the petition filed by the

respondent-husband under Section 13(1)(ia) and (ib) of

the Hindu Marriage Act, 1955 (hereinafter referred to as

'the Act' for the sake of brevity), seeking dissolution of

marriage by a decree of divorce on the ground of cruelty

and desertion has been allowed. Further, counter claim

sought for by the appellant-wife for restitution of conjugal

rights has been dismissed. Hence, this appeal by the wife.

4. Learned counsel for the appellant-wife submitted

that, this appeal may be construed as a common appeal in

respect of the judgment and decree granting divorce and

also the dismissal of the counter claim of the wife seeking

restitution of conjugal rights.

5. Learned counsel for the respective parties

submitted that since the parties have decided to settle the

matter, they have filed a joint memo reporting settlement.

The same may be taken on record and the appeal may be

accordingly disposed.

6. Learned counsel for the respondent submitted that

in terms of the joint memo, a sum of Rs.25,00,000/- is

being paid by two Demand Drafts to the appellant i.e.

Rs.13,00,000/- and Rs.12,00,000/- towards full and final

settlement of her claim towards permanent alimony.

7. Learned counsel for the respondent further

submitted that the appellant has to withdraw three cases

filed by her, which are mentioned in the joint memo.

8. Learned counsel for the respective parties

submitted that in view of the settlement arrived at

between the parties, they have no future claim whatsoever

against each other. The joint memo is taken on record.

9. The terms of the joint memo read as under:

"JOINT MEMO REPORTING SETTLEMENT

The appellant and respondent in the above matter state as follows:

1. The appellant and respondent are Hindus by religion and their marriage was solemnized as per Hindu rites and customs on 25.11.2012 at Darbhanga, Bihar. The appellant and the respondent do not have any children from their marriage.

2. It is submitted that due to irreconcilable differences the appellant and the respondent have been residing separately since 2014. The efforts made by the elders, friends and well-wishers to resolve the differences between the parties did not yield any fruits. As such, there is no possibility of reconciliation amongst them.

3. The respondent (husband) herein instituted divorce proceedings as against the appellant (wife) in M.C.No.2684/2018

on the file of the Hon'ble VI-Addl. Family Court, at Bengaluru. The respondent (wife) herein has instituted Domestic Violence Petition in M.R.No.16/2018;

Dowry Harassment case in Cr.M.No.768/2018 and Maintenance Case in M.R.No.77/2018 at Darbhanga, Bihar.

4. The instant appeal is filed challenging the judgment and decree dated 20.06.2019 passed by Hon'ble VI Addl. Family Court, at Bengaluru, in M.C.No.2684/2018 thereby granting divorce on the grounds of cruelty and desertion in favour of the respondent.

5. At the intervention of this Hon'ble Court, elders, friends and well-wishers, the parties to the instant lis have arrived at an amicable settlement of their respective claims on the following terms and conditions:

a. The respondent (husband) has agreed to pay the appellant (wife) a sum of INR.25,00,000/- (Indian Rupees Twenty-Five Lakhs only) as one-time permanent alimony towards full and final settlement between them by way of two Demand Drafts bearing Nos.002946 and 509732 both dated 25.06.2021 for a sum of

INR.13,00,000/- (Indian Rupees Thirteen Lakhs only) and INR.12,00,000/- (Indian Rupees Twelve Lakhs only) respectively. The Demand Drafts have been drawn in favour of the appellant-wife. It is further submitted that the said Demand Drafts shall be handed over before this Hon'ble Court at the time of reporting settlement.

b. The appellant has agreed to withdraw the following cases which are pending against the respondent in Darbhanga, Bihar:

i) Domestic Violence Petition in M.R.No.16/2018;

ii)      Dowry Harassment case in
         Cr.M.No.768/2018;

iii)     Maintenance Case in
         M.R.No.77/2018.

Further, the appellant has agreed to extend all co-operation and take the necessary steps to initiate the closure of the aforesaid cases within 15 days from the date of reporting settlement before this Hon'ble Court. The appellant has further agreed to co-

operate     in     closing/quashing       the   Dowry
Harassment            case         pending             in

Cr.M.No.768/2018 at Darbhanga, Bihar, if the need so arises. In the event that the appellant is unable to close the cases within a period of

30 days, the respondent is free to proceed in accordance with law to get the aforesaid cases closed.

c. The parties state and agree that there are no articles and other valuables that need to be exchanged and as such they have no further claims against each other in this regard.

d. Both parties state that they have no claims over the movable or immovable properties either existing or to be acquired in future.

e. Both parties further agree that they have no other claim of whatsoever manner against each other past, present or future.

f. Both parties further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement / agreement in the aforesaid manner.

g. Both parties admit that they shall

not interfere in the lives of each other in

future.

6. In view of the above agreement that has been reached between the parties, it is respectfully prayed that this Hon'ble Court may be pleased to take the instant joint

memo on record and pass such orders as it deems fit in the interest of justice and equity.

        Sd/-                        Sd/-
ADVOCATE FOR APPELLANT     ADVOCATE FOR RESPONDENT


Place: Bengaluru
Date: 7.7.2021."

10. It is noted that the joint memo is signed by

the respective counsel.

11. When we queried the parties, they stated

that they have indeed resolved to settle the matter

and consequently the appeal may be disposed of in

terms of the settlement arrived at between them.

They further stated that they have agreed to settle

the matter on their own free volition without there

being undue influence of coercion from any side.

12. Learned counsel for the respondent has

handed over aforementioned two Demand Drafts to

the learned counsel for the appellant, who

acknowledges receipt of the same.

13. Learned counsel for the appellant submitted

that the appellant shall withdraw the three cases

namely, M.R. No.16/2018, Cr.M.No.768/2018 and

M.R.No.77/2018.

14. That the appellant and respondent have no

claims as against each other.

15. In the circumstances, we have perused the

terms of the joint memo and we find the same to be

lawful and we do not find any legal impediment in

accepting the same.

16. Consequently, the judgment and decree

passed in M.C.No.2684/2018 dated 20.6.2019 by the

VI Additional Principal Judge, Family Court, Bengaluru,

is confirmed.

17. The appeal is disposed of in terms of the joint

memo.

Office to draw up a decree accordingly.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE AP*