Smt. Ramya (Sharanya) vs Suresh S/O K. Govindaraju
2022 Latest Caselaw 6040 Kant

                             1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 4TH DAY OF APRIL 2022

                        PRESENT

       THE HON'BLE MR. JUSTICE ALOK ARADHE

                            AND

   THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

             M.F.A. NO.5813 OF 2019 (MC)
                         C/W
             M.F.A. NO.6017 OF 2019 (MC)

IN M.F.A. NO.5813 OF 2019

BETWEEN:

SMT. RAMYA (SHARANYA)
W/O SURESH
D/O V. VENUGOPALA NAIDU
AGED ABOUT 26 YEARS
NOW RESIDING AT AGANASAKALLU
KERE ANGALA, CHITRADURGA-577501.
                                            ... APPELLANT
(BY MR. V. VIJAYASHEKARA GOWDA, ADV.,)

AND:

SURESH S/O K. GOVINDARAJU
AGED ABOUT 34 YEARS
AGRICULTURIST
R/O RANGANATHAPURA
DEVARAHALLI POST
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT-577201.
                                         ... RESPONDENT
(BY MRS. SARITHA, ADV., FOR
     MR. PRAVEEN HEGDE, ADV.,)
                            ---
                              2




      THIS MFA IS FILED U/S.28(1) OF THE HINDU MARRIAGE
ACT, 1955 AGAINST THE JUDGMENT AND DECREE DT.29.06.2019
PASSED ON MC NO.60/2017 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE, CHITRADURGA, ALLOWING THE PETITION
FILED U/S.13(1)(i-a)(i-b) OF HINDU MARRIAGE ACT.

IN M.F.A. NO.6017 OF 2019

BETWEEN:

SMT. RAMYA (SHARANYA)
W/O SURESH
D/O V. VENUGOPALA NAIDU
AGED ABOUT 26 YEARS
R/O RANGANATHAPURA
DEVARAHALLI POST
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT
NOW R/AT AGANASAKALLU
KERE ANGALA
CHITRADURGA TOWN-577501.
                                         ... APPELLANT
(BY MR. VIJAYASHEKARA GOWDA, ADV.,)

AND:

SURESH S/O K. GOVINDARAJU
AGED ABOUT 34 YEARS
R/O RANGANATHAPURA
DEVARAHALLI POST
BHADRAVATHI TALUK
SHIVAMOGGA DISTRCT-577201.
                                        ... RESPONDENT
(BY MRS. SARITHA, ADV., FOR
     MR. PRAVEEN HEGDE, ADV.,)
                            ---

      THIS MFA IS FILED U/S. 28(1) OF THE HINDU MARRIAGE
ACT, AGAINST THE JUDGMENT AND DECREE DATED 29/06/2019,
PASSED IN MC. NO.104/2016, ON THE FILE OF THE PRINCIPAL
                               3




SENIOR CIVIL JUDGE AND CHITRADURGA, DISMISSING THE
PETITION FILED U/SEC.9 OF HINDU MARRIAGE ACT.

     THESE M.F.As. COMING ON FOR ADMISSION, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                            JUDGMENT

Mr.V.Vijayashekara Gowda, learned counsel for the appellant.

Smt.Saritha, learned counsel for the respondent.

Parties along with their respective counsel are present.

Learned counsel for the parties jointly submit that the

parties have arrived at amicable settlement subject to

following terms:

"1. The respondent has taken a LIC bond in the name of the daughter for a sum of Rs.6,37,607/- (Rupees Six Lakhs Thirty Seven Thousand Six Hundred and Seven Only) this bond shall be mature when a daughter Likitha attains majority.

2. The respondent has agreed to pay a sum of Rs.6,00,000/- (Rupees Six Lakhs Only) to the appellant as maintenance/permanent alimony in full and final settlement of all her claims and the said amount will be payable by way of demand draft bearing No.007198 dated 21.03.2022 drawn

on Axis Bank Ltd., Bhadravathi in favour of the appellant.

3. The appellant and respondent state that they have exchanged all the articles and other valuables belonging to each other and as such no dues in this regard.

4. The parties also hereby state and agree that they do not have any claims over the moveable or immoveable assets belonging to each other, either existing or to be acquired in future.

5. Both the parties hereby declare that they shall have no claim of any nature whatsoever against each other either past, present and future.

6. Both the parties herein state that there is no undue influence, force, or coercion in entering into this agreement from any one or any thing.

7. Both the parties agreed that there are no cases pending against each other before any court/authority.

8. The parties herein withdraw all the allegations made against each other.

9. Both the parties admit that they shall not interfere in personal, professional life of each other's lives for any reason of whatsoever from this day."

2. In pursuance of the aforesaid settlement, learned

counsel for the respondent has handed over a Demand Draft

of Rs.6,00,000/- to the learned counsel for the appellant as

well as a bond of the LIC policy, the receipt of which is

acknowledged by the appellant.

Accordingly, the impugned judgments and decree

passed in MC Nos.60/2017 and 104/2016 are modified.

In the result, the appeals are disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

RV