Smt Anitha Bai vs Sri Balaji Singh
2022 Latest Caselaw 12931 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 9TH 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.269 OF 2019 (FC)
BETWEEN:

SMT. ANITHA BAI
W/O SRI. BALAJI SINGH
AGED ABOUT 27 YEARS
R/AT NO.506, VENKATESHWARA LAYOUT
JANATHA COLONY, OPP: WATER TANK
NEW RAYASANDRA, BANGALORE - 560099.
                                    ... APPELLANT
(BY MR. L.S. VENKATAKRISHNA, ADV.,)

AND:

SRI. BALAJI SINGH
S/O SRI. SURENDRA SINGH
AGED ABOUT 33 YEARS
R/AT NO 209, SHASTA LAYOUT
NEW RAYASANDRA, BENGALURU - 560099.
                                   ... RESPONDENT
(BY MRS. L. MANJULA, ADV.,)
                          ---

      THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
21.09.2017 PASSED IN M.C.NO. 5176/2014 ON THE FILE OF
THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU, ALLOWING THE PETITION FILED UNDER
SECTION 13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT.
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    THIS M.F.A. COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:


                       JUDGMENT

Parties along with their counsel are present.

This appeal under Section 19(1) of the Family Court

Act, has been filed against the judgment and decree dated

21.09.2017, by which the petition filed by the respondent

seeking dissolution of marriage has been allowed.

2. Learned counsel for the parties as well as the

parties who are present before us state that the dispute

between them has been amicably settled. The terms and

conditions of the compromise are as under:

1. Both the parties have agreed for divorce and have decided to lead their independent life as per their whims and fancies.

2. That the respondent has no any objection to have the custody of the daughter by name Diksha with the appellant since the appellant is capable to look after and maintain

the daughter by providing all basic amenities.

3. The respondent will not seek custody of the child at any point of time and as such he has no any claims of whatsoever against the daughter.

4. Both the parties have already taken back their belongings like gold, silver etc, except Mangalya chain and golf finger ring over which the respondent has no any claim which were given to them at the time of their marriage. Hence there is no any claims in respect of articles by either of the parties.

5. The appellant has no any claim of whatsoever in nature against the respondent in respect of permanent alimony, maintenance either for herself or for her daughter.

6. The appellant is hereby withdrawing the petition filed against the respondent in C.Misc.No.51/2019 pending on the

file of Hon'ble Magistrate Court, Bangalore.

7. The appellant is hereby agreed to co-operate for closure/disposal of CC No.17629/2014 pending on the file of IX ACMM, Bangalore.

8. Both the parties have undertaken not to interfere with their separate and independent life.

9. Both the parties have agreed to abide by the terms of this compromise.

10. This compromise is entered into between the parties out of their own free will and volition without any force, pressure or undue influence of whatsoever in nature.

11. Both the parties have affixed their respective signatures to this compromise after understanding the contents hereof explained to them in the language known to them.

3. In view of the compromise arrived at between

the parties, the judgment and decree dated 21.09.2017 is

modified to the extent mentioned above and the appeal is

disposed of in terms of compromise arrived at between the

parties.

Sd/-

JUDGE

Sd/-

JUDGE

SS