Sri. K C Megananda vs Smt. D Premalatha
2022 Latest Caselaw 4823 Kant

                               1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 15TH DAY OF MARCH, 2022

                          PRESENT

          THE HON'BLE MR. JUSTICE ALOK ARADHE

                            AND

       THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                   M.F.A.No.2044/2021
BETWEEN:

SRI. K. C. MEGANANDA
S/O LATE CHANDRASHEKHARA,
AGED ABOUT 62 YEARS,
R/AT DOOR NO.97, GARADI ROAD,
MANCHEGOWDNAKOPPALU VILLAGE,
MYSURU-570017.                              ... APPELLANT

(By Sri Narendra Gowda, Adv.)

AND:

1.     SMT. D PREMALATHA
       W/O K.C.MEGANANDA,
       AGED ABOUT 59 YEARS,
       R/AT DOOR NO.680, II MAIN ROAD,
       B. B. GARDEN, AGRAHARA,
       MYSURU 571601.

2.     DIVISIONAL CONTROLLER
       KSRTC,
       BANNIMANTAPA
       MYSURU DIVISION
       MYSURU-570 015.

3.     CHIEF ACCOUNTS OFFICER
       KSRTC,
       BANNIMANTAPA
       MYSURU DIVISION
       MYSURU -570 015.                  ... RESPONDENTS
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(By Sri Nataraj.H.P., Adv. for R1;
    Ms. Mukhi Assts, Adv. for R2 & R3)


        This Miscellaneous First Appeal is filed under Section
19(1) of the Family Courts Act, 1984, praying to set aside the
judgment      and   decree   dated        01.04.2021     passed   in
OS.No.73/2019 on the file of the C/C Prl. family judge,
Mysuru.


        This appeal coming on for Hearing in Interlocutory
Appln., this day, Alok Aradhe J., delivered the following:


                          JUDGMENT

1. This appeal is filed against the judgment and decree

dated 01.04.2021 passed by the Family Court in

O.S.No.73/2019.

2. Learned Counsel for the parties submit that the parties

have arrived at an amicable settlement during the pendency

of this appeal.

3. An application under Order XXIII Rule 3 of CPC has

been filed which is duly signed by the parties. The terms and

conditions arrived at between the parties read as under:

(1) It is agreed between the parties that out of retirement benefit that is payable from the

KSRTC, an amount of Rs.8,00,000/- (Eight Lakhs only) shall be given to the respondent wife and the remaining amount shall be given to the appellant herein.

(2) The respondent wife further undertakes that she will not claim any other amount towards her maintenance for permanent alimony.

(3) Both the parties shall not come in the way of their personal life and they shall lead their independent life without interfering with the life of each other.

(4) It is further agreed between parties that towards one time permanent alimony, the appellant herein has agreed to pay a sum of Rs.8,00,000/- (Eight Lakhs only) in favour of respondent no.1 wife. The respondent wife has also agreed to receive the said amount towards one time permanent alimony from the appellant and further it is agreed that said amount of Rs.8,00,000/- (Eight Lakhs only) shall be paid to the respondent wife through independent Bank account of respondent from the retirement benefits of the appellant. The remaining amount shall be paid to the appellant by the KSRTC.

4. To the aforesaid extent, the judgment and decree

passed by the Family Court is modified. Accordingly, the

appeal stands disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

KK