Mrs Jamuna B V vs Mr Ajay Kumar N
2022 Latest Caselaw 8185 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 6TH DAY OF JUNE 2022

                        PRESENT

       THE HON'BLE MR. JUSTICE ALOK ARADHE

                              AND

           THE HON'BLE MS.JUSTICE J.M. KHAZI

              M.F.A. NO.756 OF 2018 (FC)
BETWEEN:

MRS. JAMUNA B.V.
D/O VEERABHADRAPPA
W/O AJAY KUMAR
AGED ABOUT 31 YEARS
R/AT. BUKKAPATTANA VILLAGE
SIRA TALUK, TUMKUR DISTRICT
PRESENTLY CAMPING AT BANGALORE.
                                         ... APPELLANT
(BY MR. PUTTANARASEGOWDA H.P. ADV.,)

AND:

MR. AJAY KUMAR N
S/O NANJUNDAPPA H.B.
AGED ABOUT 31 YEARS
R/AT. NO.27/28
SANDEEP BUILDING
BEHIND GANESHA TEMPLE
SWANTANTRA NAGARA
K.R. PURAM, BANGALORE-560036.
                                        ... RESPONDENT
(BY MR. RAKSHIT K.N. ADV.,)
                              ---

     THIS M.F.A. IS FILED U/S 19(1) OF FAMILY COURT ACT,
AGAINST THE JUDGMENT AND DECREE DATED 14.11.2017
PASSED IN M.C. NO.198/2015 ON THE FILE OF THE PRINCIPAL
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JUDGE, FAMILY COURT, BENGALURU, ALLOWING PETITION FILED
UNDER SECTION 13(1)(IA) OF THE HINDU MARRIAGE ACT FOR
DISSOLUTION OF MARRIAGE.

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

                              JUDGMENT

Mr.Puttanarasegowda H.P., learned counsel for the

appellant.

Mr.Rakshit K.N., learned counsel for the respondent.

Heard on the question of admission.

Appeal is admitted for hearing.

Learned counsel for the parties have filed a

compromise petition under Order 23 Rule 3 of the Code of

Civil Procedure, 1908 and stated that the parties have

amicably resolved the dispute. The terms of the compromise

petition arrived at between the parties are reproduced below:

1. It is further submitted that, during the pendency of the above appeal, with the intervention and advise of the elders and well-

wishers, both the Appellant and the Respondent have together decided to compromise and settle all their disputes amicably. Accordingly, the Respondent-husband has agreed to pay a sum

of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) and to bequeath Two (2) residential Sites bearing Nos.36 & 37 each site measuring East to West: 40 feet and North to South 30 feet, situated at Balapura Village, Bukkapattana Hobli, Sira Taluk, Tumkur District which are more fully described in the Schedule below and hereinafter referred as Schedule Property and executed a Irrevocable General Power of Attorney on 04/05/2022, registered as document No.SRI-4-00026-2022-23, stored in CD No.SRID1051, in the Office of the Sub- Registrar, Rajajinagar (Srirampura), Bengaluru in favour of the Appellant-Wife and handed over all the original documents related to Schedule Property to the Appellant-Wife, as full and final settlement to the Appellant-Wife towards satisfaction of the impugned Judgment and Decree dated 02.12.2017 passed by the Hon'ble 6th Additional Family court, Bengaluru and the Appellant-Wife is ready and willing to accept the same as full and final settlement, towards all the pending disputes between the Appellant and the Respondent.

2. It is further submitted that both the parties have a minor son by name Master. Aryan Ajay B who is now aged about 9 years an is now under

the care and custody of the Appellant-Wife/e mother. The Respondent has no objection for the Appellant-Wife to have continuous care, custody and guardianship of his minor son Master Aryan Ajay B, till he attains the age of majority.

3. It is further submitted that the Respondent shall reserve his right to visit his minor son Master Aryan Ajay B once in a week and the Respondent is at the absolute liberty to take his minor son along with him on Sundays and drop him back in the Evening and in turn the Appellant-wife-mother has no objection to meet/visit their minor son by the Respondent- father, as explained above, till he attains his age of majority. The Appellant has received a sum of Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand Only) by way of cash from the Respondent as full and final settlement and the Appellant shall have no further monetary claims against the Respondent of whatsoever. The receipt of which the Appellant does hereby admit and acknowledge.

4. It is further submitted that, both Appellant and Respondent shall not have any further claims against each other over the Immovable properties presently owned by them in their

individual names or to be owned in future in their names and both parties do hereby agree and declare that, either party shall not make any claims against each other in future in terms of money or property (movable or immovable) whether self-acquired or ancestral/joint family properties of the Respondent. And the Appellant do hereby specifically agree and confirm that, she hereby release, relinquish and renounce al her share, rights, claims and interest against the Immovable Properties presently owned by the Respondent or his family members or ancestral/joint family or to be owned by the Respondent or his family members, in future.

5. It is further submitted that, after payment of the said sum as referred above and the Schedule Property, the Respondent is not responsible or liable to pay any monthly maintenance, School fee for their minor son Master. Aryan Ajay B or any other expenses of whatsoever nature and the Appellant is solely responsible to take care herself and all the maintenance and educational expenses of their minor son Master Aryan Ajay B and the Appellant has hereby agreed for the same.

6. It is further submitted by the Appellant that, the Appellant has taken possession of all her

Gold and Silver Jewelries which are belonged to her and nothing is held or retained by the Respondent herein.

7. The parties do hereby agree and undertake not to spread any rumor or gossip against each other which may affect the dignity of the other party. The parties shall not indulge in any activity which may undermine the terms of this settlement or otherwise affect the reputation of any party adversely.

8. The parties do hereby agree that this settlement shall always be binding on them and none of them shall have any kind of claim against each other and none of them shall be entitled to initiate any legal proceedings against each other in any manner.

To the aforesaid extent, the judgment and decree

passed by the Family Court is modified.

In the result, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE RV