Smt. Sowjanya. M. S vs Sri. Aravind. H. S
2022 Latest Caselaw 9851 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 28TH 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.3224 OF 2022(FC)

BETWEEN:

SMT. SOWJANYA M S,
D/O SATHYANARAYAN SHETTY,
AGE DABOUT 35 YEARS,
R/AT NO.673/1, SANDI BEEDI,
CHAMRAJANAGAR TOWN
CHAMRAJANAGAR -571 313.
                                           ... APPELLANT
(BY MR.MALLANAGOUDA H, ADV.,)

AND:

SRI.ARAVIND H S,
S/O H N SATYANARAYAN,
AGED ABOUT 38 YEARS,
R/AT NO.32, HIG,
NADITASHWA NILAYA,
2ND CROSS, 1ST MAIN ROAD,
KUVEMPUNAGAR, HASSAN.
                                       ... RESPONDENT
(BY SMT.ROOPA K R, ADV., FOR C/R)
                          ---

     THIS MFA FILED U/S 19(1) OF FAMILY COURTS ACT,
AGAINST THE JUDGMENT AND DECREE DATED 11.01.2022
PASSED IN M.C.NO.115/2021 ON THE FILE OF THE PRL.
JUDGE, FAMILY COURT, HASSAN, ALLOWING THE PETITION
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FILED UNDER SECTION        13(1)(i)(i-a)    OF   THE   HINDU
MARRIAGE ACT, 1955.

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

                          JUDGMENT

Mr.Mallanagouda H., learned counsel for the

appellant along with appellant.

Smt.Roopa K.R., learned counsel for the

respondent along with respondent.

This appeal has been filed against the judgment

dated 11.01.2022 passed in M.C.No.155/2021.

2. Learned counsel for the parties jointly submit

that the dispute between the parties has been

amicably settled and a petition under Order 23 Rule 3

of the Code of Civil Procedure, 1908 has been filed.

The terms and conditions of the memorandum of

understanding arrived at reads as under:

"1. The appellant is conceding to the decree of divorce passed thereunder.

2. The respondent has come forward to pay a permanent alimony of Rs.26,00,000/- (twenty six lacs rupees) to the appellant and the appellant having accepting the same hereby confirms the receipt of the said amount by way of cheque No.363830 drawn on Canara Bank dated. For a sum of Rs. 26 lacs (rupees twenty Six Lacs) in her favour, with respect to her consent to the decree of divorce.

3. The respondent shall take care of the minor child Ayush in all aspects of his upbringing i.e. shelter, education, health and maintenance and other incidental expenses according the standard of the life style of the respondent.

4. The respondent shall have the visiting rights over the minor son Ayush on each Sunday at their mutual convenient time.

The respondent shall travel with his son on school vacations winter and summer holidays, without disturbing his education schedule and health.

5. The appellant shall not have any right over the respondent's assets and other wealth, including seeking maintenance. The permanent alimony is the full and final settlement of the amount for her.

6. The appellant shall co-operate in compromising the criminal matter in C.C.No.111/2019 which is pending before the Adl. Civil Judge and JMFC at Chamarajanagar. The appellant shall also co-operate the closing of the matter which pending in Cril.Misc.527/2019 Principal Civil Judge and JMFC in respect of maintenance towards appellant only, as soon as the amount under the cheque referred above is realized."

3. In view of the compromise arrived at between

the parties, the judgment and decree passed by the

Family Court is modified to the extent mentioned

above.

Accordingly, the appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE RV