Smt. Vibha Sridhar vs Sri K Sridhar
2022 Latest Caselaw 8574 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 10TH 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.11446 OF 2012 (FC)
BETWEEN:

SMT. VIBHA SRIDHAR
AGED ABOUT 45 YEARS
C/O R. VISHWANATH
R/AT NO.43, "D" CROSS,
RAJIV NAGAR, 7TH MAIN
7TH BLOCK, 4TH PHASE
BANASHANKARI III STAGE,
BENGALURU - 560 085
                                                 ... APPELLANT
(BY SRI. RAKSHITH R, ADVOCATE)

AND:

SRI K SRIDHAR
AGED ABOUT 46 YEARS
R/AT NO.72/3, " F " CROSS,
RAJIV NAGAR, 7TH MAIN,
7TH BLOCK, 4TH PHASE
BANASHANKARI III STAGE
BANGALORE-85
                                              ...RESPONDENT

(BY SRI. H.S.SHANKAR SHARMA, ADVOCATE)

     THIS MFA IS FILED UNDER SECTION 19 (1) OF THE FAMILY
COURTS ACT OF THE HINDU MARRIAGE ACT, PRAYING TO SET ASIDE
THE JUDGMENT DATED 22.05.2012 AND DECREE DATED 11.07.2012
IN M.C.NO.1744/2010 PASSED BY THE PRINCIPAL JUDGE, FAMILY
COURT, BENGALURU IS ILLEGAL AND UNSUSTAINALBE IN LAW AND
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SUCH OTHER RELIEF'S AS THIS HON'BLE COURT DEEMS FIT UNDER
THE FACTS AND CIRCUMSTANCES OF THE CASE.

     THIS MFA COMING ON FOR FINAL HEARING THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:


                      JUDGMENT

Parties along with their counsel present.

This appeal arises from the judgment and decree dated

22.05.2012 passed by the Family Court, by which petition

filed by the appellant-wife under Section 13(1)(i-a) of the

Hindu Marriage Act, 1955, has been dismissed.

2. Learned counsel for the parties submits that

dispute between the parties have been amicably resolved and

they have filed memorandum of compromise. This Court

interacted with the parties who were identified by their

respective counsel, who also stated that the dispute between

them has been amicably resolved. The terms and conditions of

the memorandum of compromise reads as under:

"4. The appellant and Respondent with the intervention of well wishers and common friends have settled their dispute and amicably and they have agreed for the terms mentioned herein below:

i. That the immovable property at Jain Farms bearing Sy.No.116 situated at Belathur Village, Hosur Taluk, Krishnagiri District which is obtained jointly by both the parties will be retained in the name of appellant and respondent is ready to relinquish a form of gift deed in favour of Appellant. The appellant has another property in Jain Farms bearing Sy.No.52/2 and 49/2, Belathur Village, Hosur Taluk, Krishnagiri District, Hosur. In future there will be no other claims made by the respondent on the above mentioned properties.

ii. The Appellant and Respondent has purchased 2 MUDA sites in Mysuru and one site is in name of Appellant and the other in the name of Respondent and also the respondent owns a property in Karnataka State Telecom Layout, Mysuru and the appellant and respondent has jointly purchased a property in Rudrapatna. The respondent is willing to transfer the properties in his name in favour of Appellant in form of gift deed. The respondent will have no future claim on the said properties.

iii. The appellant state that the jointly held Fixed deposit amount of Rs.22,47,024/- in SBI bank account at St. Marks Road Branch, Bangalore will be shared equally by them and also the amount of Rs.2,54,254.39/- jointly invested by both the parties in mutual funds will be liquidated and shared mutually. The appellant and respondent jointly invested in stocks and bonds and they are ready to liquidate and share the stocks and bonds mutually as per the stock market value.

iv. The Appellant and respondent are having several jointly held savings bank account and both of the parties shall co-operate in closing of the account.

v. The invaluable movable household items and books will be shared among both the parties as discussed mutually.

vi. The Appellant and respondent purchased a site at 72/3 F Cross Rajiv Nagar, 7th Cross, 7th Main, BSK III Stage, Bangalore and a house was built and the said property stands in the name of the Appellant's Name and the respondent will have no future claims over the said property.

vii. The appellant had lodged a complaint against the respondent before Banashankari Police Station and has agreed to co-operate to withdraw the said complaint and the appellant further submits that there is no other complaints or any other case pending in this regard.

viii. The appellant shall not have any claim against the respondent in future for any sort of monthly maintenance and alimony whatsoever.

5. Both the parties state that they have no other claims of whatsoever nature against each other past, present or future.

6. The parties further state that there has been no collusion or force, fraud or any undue influence in filing the above compromise petition and entering into this compromise petition in the aforesaid manner."

3. In view of the fact that the parties have amicably

resolved the dispute, the impugned judgment and decree is

set aside and the appeal is disposed of in terms of the

compromise arrived at between them.

Sd/-

JUDGE

Sd/-

JUDGE

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