Karnataka High Court
Mrs. Swathi.S vs Sri. Raghavendra J on 14 November, 2022
Bench: Alok Aradhe, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH 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.2656 OF 2021 (FC)
BETWEEN:
MRS. SWATHI S.
W/O RAGHAVENDRA J
AGED 32 YEARS
R/AT 288, SRI MANJUNATHA SWAMY KRUPA
BEHIND OLD GOWRI THEATRE
RAMANAHALLI, CHIKKAMAGALURU - 577 101.
... APPELLANT
(BY MR. VENKATESH SOMAREDDI, ADV.,)
AND:
SRI. RAGHAVENDRA J
S/O K. JAYARAM
AGED 34 YEARS
R/AT WARD NO.16
BWSSB WEST PART
BRUNDAVANA NAGARA EXT.
KANAKAPURA TOWN
KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 117.
... RESPONDENT
(BY MRS. RADHA Y, ADV.,)
---
THIS MFA IS FILED U/S. 19(1) OF THE FAMILY COURTS
ACT, AGAINST THE JUDGMENT AND DECREE DATED
2
17.12.2019, PASSED IN M.C. NO.2824/2019, ON THE FILE OF
THE V-ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU, ALLOWING THE PETITION FILED U/SEC.13 (1)
(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
Parties along with their counsel are present.
This appeal arises out of judgment dated
17.12.2019 passed by the Family Court by which the
marriage performed between the parties has been
dissolved on the ground of cruelty.
2. During the pendency of this appeal, the
parties have arrived at a settlement. The terms and
conditions of the settlement read as under:
(1) Respondent has agreed to pay the sum
of Rs.55,00,000/- (Fifty Five Lakhs only)
towards the full and final settlement towards
the maintenance of the appellant/Mrs. Swathi
and also male child/Master Nihal and the
same is being paid vide DD details mentioned
below:
a. DD bearing No.081012 dated 28.09.2022
for Rs.30,00,000/- (Thirty Lakhs Only) drawn
on State Bank of India, Jayanagar 8th Block,
Bangalore branch by applicant named
Vinayaka Wines.
b. DD bearing No.005589 dated 28.09.2022
for Rs.15,00,000/- (Fifteen Lakhs Only) drawn
on the HDFC Bank, Kanakapura 562117
Branch by applicant named Jayaram
Kenchegowda.
c. DD No.410281 dated 28.09.2022 for
Rs.5,00,000/- (Five Lakhs Only) drawn on the
Karnataka Bank, Raghuvanahalli branch by
applicant named Rekha Kanakapura.
d. DD No.081010 dated 28.09.2022 for
Rs.5,00,000/- drawn on the State Bank of
India, Jayanagar 8th Block, Bangalore Branch
by applicant named Raghavendra J.
(DD details mentioned above are drawn in
favour of the appellant/Swathi S.S. only
towards the full and final settlement of the
maintenance amount)
(2) That the Respondent has paid the
arrears of the child maintenance by depositing
before the jurisdictional court from the date of
the order i.e. 17.12.2019 till July 2022. Out of
which the appellant has received 4,20,000/-
(Four Lakhs Twenty Thousand Only). Arrears
of maintenance of Rs.60,000/- for the month
of August, September and October 2022 would
be paid in cash by the Respondent to the
Appellant herein, further Respondent has no
objection to the application filed by the
appellant for withdrawal of the arrears
deposited by the him before the Family Court.
(3) As on today the custody of Master Nihal
Raj is with mother/appellant. Child's custody
shall continue with the mother/appellant.
Mother/appellant shall be the sole guardian of
the child and she undertakes to take care of
the child which includes his education, all the
expenses and maintenance. And specifically
undertakes not to claim any amount in the
name of the child. Appellant has received the
amount on behalf of the child, by her
Rs.10,00,000/- (Ten Lakhs Only) is deposited
in the name of the child and the rest is handed
over to her through the DDs mentioned above.
It is made clear that the entire amount of
Rs.55,00,000/- (Fifty Five Lakhs Only) is to
the appellant and the child together.
(4) Both parties on their volition and best
interest of them have preferred this application
and decided to live separately on their own
terms.
(5) There shall be no claims or counterclaims
between the parties. All the cases filed
against each other shall be withdrawn/closed
by filing necessary application before the
competent courts and also by filing application
under 482 CrPC before this Hon'ble Court,
both the parties shall cooperate for the closure
of the cases, details of which are mentioned
below:
Sl. Case details Name of the Case Filed Case Filed
No. Court/Police by against
Station
1. C.C.720/2021 Prl.Civil Judge Swathi S.S. Raghavendra,
and JMFC Jayaram,
Kanakapura Jayamma &
Others
2. Crime Wilson garden Swathi S.S. Raghavendra,
No.169/2019 police station, Advocate Muni
Bangalore Reddy,
Advocate Shoba
P & Advocate
Ravindra
3. Crl.Misc/86/2020 JMFC II Court, Swati S.S. Raghavendra &
Shimoga Others
4. Misc/19/2020 5th Additional Swathi S.S. Raghavendra
Family Court, K.J.
Bangalore
5. Ex.C/55/2022 5th Additional Swathi S.S. Raghavendra
Family Court, K.J.
Bangalore
6. MFA/2656/2021 High Court, Swathi S.S. Raghavendra
Bangalore K.J.
7. WP.15127/2021 High Court, Swathi S.S. Raghavendra
Bangalore K.J. & Others
List of cases filed by the Respondent
Sl. Case details Name of the Case Filed Case Filed
No. Court/Police by against
Station
1. M.C.1557/2019 Family Court, Raghavendra Swathi S.S.
Bangalore K.J.
2. M.C. 2824/2019 Family Court, Raghavendra Swathi S.S.
Bangalore K.J.
3. Crime.41/2019 Kanakpura Jayaram Swathi S.S.
Town, Police Sathyanarayana
Station/Prl.Civil Murthy,
Judge and Manjula &
JMFC Manjuprasad
Kanakapura
4. Crime Wilson garden Advocate Manjuprasad,
No.168/2019 police station, Muni Reddy Swathi,
Bangalore Sathyanarayana
Murthy,
Manjula &
Sunil Kumar
5. O.S./21/2020 Kanakapura Jayaram Swathi S.S. &
Court Others
6. P.C.R./32/2021 Prl.Civil Judge Jayaram Swathi S.S. &
and JMFC Others
Kanakapura
7. Crl.R.P./5002/20 II Addl. District Raghavendra Swathi S.S.
20 and Sessions K.J.
Judge,
Kanakapura
8. O.S./460/2020 Prl. City Civil Jayaram Sathyanarayana
and Sessions Murthy
Judge,
Bangalore
(CCH-38)
9. O.S./2499/2020 Prl. City Civil & Jayaram Sathyanarayana
Sessions Judge, Murthy
Bangalore
(CCH-38)
10. Crl.A/111/2020 Prl.District & Raghavendra Swathi S.S.
Sessions Judge, K.J.
Shimoga
11. G & W.C. Family Court, Raghavendra Swathi S.S.
21/2022 Bangalore (V K.J.
AFC)
12. NCR 126/2019 Kanakapura Jayaram Swathi S.S. &
Town, Police others
Station
13. Crl.P/7981/2021 High Court of Rekha Swathi S.S.
Karnataka,
Bangalore
14. Crl.P.3726/2020 High Court of Khaleel and Swathi
Karnataka, others
Bangalore
3. In view of compromise arrived at between the
parties, judgment and decree dated 17.12.2019
passed by the Family Court is modified in terms of the
compromise arrived at between the parties.
Accordingly, the appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RV
