Smt R Uma vs Sri S Manoj Suman
2022 Latest Caselaw 13216 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 22ND 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.1875/2020 (FC)

BETWEEN:

SMT. R. UMA
W/O MANOJ SUMAN
D/O RAVI M
AGED ABOUT 34 YEARS
R/AT NO.1 DEVARA ASHIRWADHA
2ND FLOOR, 1ST B CROSS
VIJAYA BANK COLONY EXTN.,
NEAR BSR APARTMENT
HORAMAVU, BENGALURU - 560 043.          ...APPELLANT

(BY SRI B.C. RAJANNA, ADV.)

AND:

SRI S. MANOJ SUMAN
S/O SHANMUGAM
AGED ABOUT 36 YEARS
R/A NO.18 LAKSHMI GANESH
4TH CROSS, S.H. LAYOUT
KAVALBYRASANDRA
R.T. NAGAR POST
BENGALURU - 560 032.                  ...RESPONDENT

(BY SRI P.M. MATHEW, ADV.)

     THIS M.F.A. IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURTS ACT, 1984, PRAYING AGAINST THE
JUDGEMENT AND DECREE DATED 25.11.2019 PASSED IN
M.C.NO. 254/2015 ON THE FILE OF THE III ADDITIONAL
PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING
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THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE
HINDU MARRIAGE ACT.

     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:

                      JUDGMENT

This appeal has been filed against the Judgment

and decree dated 25.11.2019 by which, the petition filed

by the appellant under Section 13(1)(i-a) of the Hindu

Marriage Act, 1955 has been dismissed.

2. During pendency of the appeal, the matter

has been amicably settled before the Bengaluru

Mediation Center. The terms and conditions of the

compromise arrived at between the parties as mentioned

in the memorandum of agreement which are duly signed

by the parties are as under:

"1. Both the parties are qualified and are employed gainfully.

2. Both the parties have mutually agreed that they have no objections for this Hon'ble Court to allow the appeal as prayed for by the appellant.

3. In view of this settlement, both the parties shall not claim any maintenance or alimony against each other either for the past, present or future.

4. Both the parties hereby admit that they shall not have any claims of any nature against

each other including the claims over the moveable or immovable properties belonging to each other either existing at present or to be acquired in future.

5. In view of this settlement, both the parties hereby withdraw all the allegations leveled against each othe either in this appeal, or in connected cases or orally.

6. The parties undertake that they shall not interfere in each other's life in future.

7. Both the parties state that there has been no collusion or force, fraud or any undue influence in entering into this settlement/agreement in the aforesaid manner".

5. In view of the above, the judgment and

decree dated 25.11.2019 passed by the Family Court in

M.C.No.254/2015 is modified. The marriage between the

parties is dissolved by decree of divorce. The appeal is

disposed of on the aforesaid terms and conditions agreed

between the parties.

SD/-

JUDGE

SD/-

JUDGE

NMS