Smt. Lanchana K R vs Sri Chandrashekar S Sarasambi
2022 Latest Caselaw 9479 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 23RD 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.1064 OF 2021 (FC)

BETWEEN:

SMT. LANCHANA K R
W/O CHANDRASHEKAR S SARASAMBI
AGED ABOUT 32 YEARS,
R/AT NO.970/A 3RD MAIN
2ND STAGE D BLOCK
NEAR NAVARANG,
RAJAJINAGAR
BENGALURU - 560 010
                                ... APPELLANT
(BY SRI. ABHILASH KUMAR M N, ADVOCATE FOR
    SRI. NANJUNDA GOWDA M R, ADVOCATE)

AND:

SRI CHANDRASHEKAR S SARASAMBI
@ SURAJ
S/O SUBACHANDRA SARASAMBI
AGED ABOUT 38 YEARS,
R/AT NO.67 SHANTHESWARA SCHOOL
SHAHABAZAR KAILASHNAGAR
KALBURGI-585 103
                                ... RESPONDENT
(BY SRI KRISHNA J.C., ADVOCATE)
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     THIS MFA FILED UNDER SECTION 19(1) OF
FAMILY COURTS ACT, 1984, PRAYING TO SET
ASIDE THE JUDGMENT DATED 10.02.2020 AND
DECREE DATED 10.02.2020 PASSED IN M.C.NO.
4682/2017 BY DISMISSING THE PETITION ON THE
FILE OF THE II ADDITIONAL PRINCIPAL JUDGE,
FAMILY COURT, BENGALURU.

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

                    JUDGMENT

Sri. Abhilash Kumar M.N., learned counsel

for Sri.Nanjunda Gowda M.R., learned counsel for

the appellant.

Sri. Krishna J.C., learned counsel for the

respondent.

This appeal has been filed against the

judgment and decree dated 10.02.2020 passed in

M.C.No.4682/2017 by the Family Court.

2. When the matter was taken up today,

learned counsel for the appellant submits that

matter has been amicably settled in the

proceedings before the Bangalore Mediation

Centre.

3. It is evident that the matter has been

amicably settled. The terms and conditions reads

as under:

1. Both the parties agreed that they have been living separately for the past 7 years. The appellant is residing at Bengaluru and the respondent/father is residing at Kalaburagi along with his son by name Vrushabh C.S., aged about 10 years.

2. After several rounds of mediation proceedings, the appellant and the respondent have agreed to dissolve their marriage took place at Sree Renukacharya Kalyana Mantapa, behind Central Library, Jaguth, Gulbarga on 24.05.2010, as per Hindu rites and customs, upon the terms and conditions

agreed in this settlement agreement.

3. In view of the settlement arrived between both the parties, the appellant/mother shall be entitled to visit/meet their minor son Vrushabh C.S., once in a month on any Sunday between 9.00 AM to 5.00 PM with one day prior intimation to the respondent. The appellant has to make her own arrangement to travel to Kalaburagi to meet the child, which is the place of residence of the respondent or at the temple Kailasheshwara at Kalburgi. The appellant is further entitled to make a phone call/ video call once in a week during evening times preferably keeping her advocate who is on record in this case along with her while making a phone call/video call. Both parties shall avoid any unpleasant behavior against each other while meeting

the child or making phone/ video call.

4. The respondent has returned all the articles/belongings such as gold, silver, clothes etc. which was in his custody to the appellant and so as the appellant has returned all the articles/belongings of the respondent. And as such both parties have no claims against each other in this regard since all their articles and belongings are already been exchanged.

5. The appellant hereby agreed she will not further prosecute whatever cases filed by her against the respondent or his family members before Mahila Police or any other Police Station/forum.

6. The appellant has further agreed that she will cooperate to get the C.C.28730/2018 pending before VI ACMM, Bengaluru filed under Section 498-A, 506 of IPC and

Sections 3 & 4 of D.P.Act be closed/quashed without any further prosecution.

7. The appellant has given up her right to claim maintenance/ permanent alimony from the respondent, as she is economically independent.

8. Both are parties state that they have no claims of whatsoever nature with regard to movable or immovable properties belonging to each other which is existing or to be acquired in future.

9. Both the parties agree not to interfere in the lives of each other in any manner or in any form in future. And both the parties are fully entitled to lead their future life as per their desire without any interference from each other.

4. In view of the settlement arrived at

between the parties, judgment and decree passed

by the Family Court is set aside and marriage

between the parties is dissolved by the decree of

divorce.

Accordingly, the appeal is disposed of in

terms of the compromise arrived at between the

parties.

Sd/-

JUDGE

Sd/-

JUDGE

Mds/-