Smt M Chaitra vs Sri T M Subramanya @ Mani
2022 Latest Caselaw 9072 Kant

Citation : 2022 Latest Caselaw 9072 Kant
Judgement Date : 17 June, 2022

Karnataka High Court

Smt M Chaitra vs Sri T M Subramanya @ Mani on 17 June, 2022

Bench: Alok Aradhe, J.M.Khazi

                        1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 17TH DAY OF JUNE 2022

                    PRESENT
   THE HON'BLE MR. JUSTICE ALOK ARADHE

                      AND

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

MISCELLANEOUS FIRST APPEAL NO.2032 OF 2019 (FC)

BETWEEN:

SMT M CHAITRA
D/O N MALLIKARJUNA,
AGE: 25 YEARS,
R/AT NO.14/1, NANDANAVANAM,
A STREET, JOGUPALYA,
ULSOOR,
BENGALURU - 560 008
                                   ... APPELLANT
(BY SRI. CHANDRASHEKAR P., ADVOCATE)

AND:

SRI T M SUBRAMANYA @ MANI
S/O MUTHURAJ
AGED ABOUT 31 YEARS,
R/AT TOOBAGERE VILLAGE,
DODDABALLAPURA TALUKA-561203
BENGALURU RURAL DISTRICT

ALSO WORKING AS
DRIVER AT SOUTH FIRE FORCE STATION,
GEN.K.M.KARIAPPA ROAD,
BENGALURU - 560 025
                                 ... RESPONDENT
(BY SRI. PRADEEP H, ADVOCATE)
                          2



     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 19(1) OF FAMILY COURT ACT,1984,
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 09.1.2019 PASSED IN M.C.NO. 4231 OF 2014 ON
THE FILE OF THE IV ADDL. PRINCIPAL CIVIL JUDGE,
FAMILY COURT, AT BENGALURU AND GRANT DECREE
AS PRAYED FOR IN THE INTEREST OF JUSTICE AND
EQUITY.

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

                   JUDGMENT

Sri. Chandrashekar P. Patil, learned counsel

for the appellant as well as appellant are present.

Sri. Pradeep H., learned counsel for the

respondent as well as respondent are present.

This appeal under Section 19(1) of the

Family Courts Act has been filed against the

judgment dated 09.01.2019 by which the petition

filed by the appellant seeking dissolution of

marriage under Section 13 of the Hindu Marriage

Act, 1955 has been dismissed.

2. When the matter was taken up today,

learned counsel for the parties jointly submitted

that the dispute between the parties has been

amicably settled in the proceedings before the

Bengaluru Mediation Centre. The agreement

arrived at between the parties read as under:

"1. The respondent has agreed to pay a sum of Rs.1,00,000/- to the appellant towards her alimony and all other claims. The appellant has agreed to receive the above said amount against all her claims.

2. The respondent shall pay the said amount of Rs.1,00,000/- before the Hon'ble High Court.

3. The parties admit that they have no children born in their wedlock and also admit that they have being living separately from past 10 years.

4. Both the parties admit that their marriage is irretrievably broken down and they could not reconcile to lead a normal married life. In

this regard the efforts made by the families, friends and well wishers on both the sides did not yield positive results. Hence, both the parties have decided that they can not live as husband and wife under one roof.

5. In view of the above the respondent has no objection for this Hon'ble Court to grant a decree of divorce by setting aside the Judgment and decree in M.C.No.4231/2014.

6. The appellant has filed a petition for maintenance in Crl. Misc. No.722/2018 and she shall withdraw the same.

7. Both the parties admit that they have entered into this agreement voluntarily on their own volition without any undue influences and fraud.

8. Both the parties shall not interfere with each other's life in any

manner whatsoever from this date."

3. Respondent has handed over a sum of

Rs.1,00,000/- by way of demand draft to the

appellant. The receipt of which is acknowledged

by the appellant.

4. In view of the aforesaid agreement

arrived at between the parties, judgment and

decree dated 09.01.2019 passed in

M.C.No.4231/2014 is modified and the marriage