Smt Shantha vs Sri Mahesh @ Lokesh
2022 Latest Caselaw 12879 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 7TH DAY OF NOVEMBER 2022

                       PRESENT

       THE HON'BLE MR. JUSTICE ALOK ARADHE

                         AND

  THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

             M.F.A. No.516 OF 2014 (MC)
BETWEEN:

SMT. SHANTHA
W/O MAHESH @ LOKESH
AGED ABOUT 28 YEARS
R/O NERALURU VILLAGE
ATTIBELE HOBLI, ANEKAL TALUK
BANGALORE DISTRICT.
                                   ... APPELLANT
(BY MR. VIJAY KUMAR K, ADV.,)

AND:

SRI. MAHESH @ LOKESH
S/O LATE PUTTANNA
AGED ABOUT 32 YEARS
R/O CHIKKANAHALLI VILLAGE
ATTIBELE HOBLI, ANEKAL TALUK
BANGALORE DISTRICT-562106.
                                    ... RESPONDENT
(BY MRS. GOWHAR UNNISA A/W
     MR. K.R. NAGARAJA, ADVS.,)
                         ---

     THIS MFA IS FILED U/S 28 OF THE HINDU MARRIAGE
ACT,   AGAINST     THE   JUDGMENT     AND    DECREE
DATED:30.9.2013 PASSED IN M.C NO.18/2011 ON THE FILE
OF THE SENIOR CIVIL JUDGE, JMFC, ANEKAL, ALLOWING
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THE PETITION FILED U/SEC 13(1)(1a) &(1b) OF HINDU
MARRIAGE ACT.

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

                            JUDGMENT

Parties are present along with their respective

Advocates.

2. This appeal under Section 28(1) of the Hindu

Marriage Act, 1955 (hereinafter referred to as 'the Act' for

short) has been filed against the judgment dated

30.09.2013 passed in M.C.No.18/2011 by which the

petition filed by the respondent under Section 13(1)(ia)

and Section 13(1)(ib) of the Act has been allowed and the

marriage between the parties has been dissolved by a

decree of divorce.

3. During the pendency of the appeal, the parties

have admittedly resolved the differences between

themselves and have filed a compromise petition under

Order 23 Rule 3 of Code of Civil Procedure. The terms and

conditions of the compromise arrived at between the

parties read as under:

1. In view of the settlement, the appellant has agreed to receive a sum of Rs.7,00,000/- (Rupees Seven lakhs only) as permanent alimony from the respondent and to accept the Judgment and Decree passed in M.C.No.18/2011, dt:30.9.2013 granting decree of divorce by dissolving the marriage of the appellant and the respondent.

2. The respondent has agreed to pay the said amount of Rs.7,00,000/- (Rupees Seven lakhs only) to the appellant within two months from today by way of RTGS to the account of the appellant or by way of Demand Draft.

3. The appellant accepts and admits that the said amount of Rs.7,00,000/- (Rupees Seven lakhs only) shall be the permanent alimony and that she shall not have any manner of claim against the respondent hereinafterwards.

4. The appellant has no objection to confirm the Judgment and Decree passed in M.C.No.18/2011, dt:30.09.2013.

5. The appellant and the respondent admit that the appellant has filed a suit in O.S.No.825/2022 on the file of the Senior Civil Judge at Anekal as minor guardian to M. Hitesh Gowda for the relief of partition and separate possession and the same is pending as on today.

6. The respondent has agreed that he will give an extent of 11 guntas of land as share to his minor son- M. Hitesh Gowda by way of filing a compromise petition in O.S.No.825/2022, for which the appellant representing as minor guardian has accepted the same in the interest of the minor child and to take the same as share of the minor child by way of filing a compromise petition on his behalf in the above suit.

7. The appellant and the respondent declares that there are no claim against each other hereinafterwards and the appellant is at liberty to lead her life according to her convenience and the respondent is also at liberty to lead his life according to his convenience and there

shall not be any dispute among themselves hereinafterwards.

8. The respondent has agreed to bear with the educational expenses of the minor child - M. Hitesh Gowda within his capacity.

In view of the aforesaid compromise arrived at

between the parties, the judgment and decree dated

30.09.2013 passed in M.C.No.18/2011 is modified and

the appeal is disposed of in terms of the compromise

arrived at between the parties.

Sd/-

JUDGE

Sd/-

JUDGE

SS