Dr N S Vikramaditya vs Smt Dr Tara D
2023 Latest Caselaw 2120 Kant

                                        -1-
                                               MFA No. 4085 of 2017




             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 5TH DAY OF APRIL, 2023

                                    PRESENT
                    THE HON'BLE MR JUSTICE ALOK ARADHE
                                       AND
               THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
             MISCELLANEOUS FIRST APPEAL NO. 4085 OF 2017 (FC)
             BETWEEN:

             DR.N.S.VIKRAMADITYA
             S/O SRI NISHTALA RAMA MOHAN
             AGED ABOUT 38 YEARS
             PRESENTLY WORKING AT NO114
             EXPERIMENTAL AERODYNAMICS DIVISION (EAD)
             NATIONAL AEROSPACE LABORATORIES (NAL)
             BELUR CAMPUS, BENGALURU - 560037
             PERMANENT RESIDENT OF H NO 18-202,
             SIVANANDA STREET BHARATH NAGAR
             PRAHALADAPURAM VISHAKAPATNAM
Digitally
signed by    ANDHRAPRADESH - 530027.
GAYATHRI N
                                                        ...APPELLANT
Location:
HIGH COURT   (BY SRI. SHIVASHANKAR C., ADVOCATE)
OF
KARNATAKA
             AND:

             SMT.DR.TARA D
             D/O SHRI G N DHANANJAYA REDDY
             AGED ABOUT 35 YEARS,
             RESIDING AT NO 67
             5TH CROSS, 1ST MAIN ROAD,
             KUVEMPU LAYOUT BENGALURU - 560077
                                                     ...RESPONDENT
             (BY SRI. PALLAVI R., ADVOCATE)
                                 -2-
                                            MFA No. 4085 of 2017




     THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT
AGAINST THE JUDGMENT AND DECREE DATED 17.03.2017
PASSED IN MC NO.2519/2016             ON THE FILE OF THE II
ADDITIONAL    PRL.    JUDGE,    FAMILY      COURT,   BENGALURU,
PARTLY ALLOWING THE PETITION FILED UNDER SECTION
13(1)(ia)(iii) OF HINDU MARRIAGE ACT.



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



                        JUDGMENT

Sri.Shivashankar C., learned counsel for the

appellant.

Sri.Pallava R., learned counsel for the respondent.

This appeal has been filed against the judgment and

decree dated 17.03.2017 passed by the II Additional

Principal Judge, Family Court, Bengaluru in

M.C.No.2519/2016, by which the petition filed by the

respondent/wife seeking dissolution of marriage has been

allowed.

MFA No. 4085 of 2017

2. Learned counsels for the parties jointly submit

that the dispute between the parties has been amicably

resolved. The parties are also present before this Court.

The terms of the compromise read as under:

"4. TERMS OF COMPROMISE:

I) That the Appellant and the Respondent hereby agree for this Hon'ble Court to confirm the Judgment and Decree of divorce granted by the II Additional Principal Judge, Family Court, Bengaluru in M.C.No.2519/2016 on 17.03.2017 whereby the Hindu marriage solemnized between the Appellant and the Respondent on 01.05.2015 at Bengaluru was dissolved;

II) That the Respondent herein had lodged a Complaint against the Appellant herein and his relatives with the jurisdictional police complaining cruelty and demand for dowry; the jurisdictional police after investigation of the said Complaint had laid Charge Sheet in the Court of the X Addl. Chief Metropolitan Magistrate Court, Bengaluru in C.C.No.52646/2017 as against the Appellant and others. The Respondent hereby agree that she would co-operate with the Appellant in getting the said criminal proceedings terminated as against the Appellant in any manner recognized and acceptable under law; further if a criminal petition under Section 482 of Cr.P.C. is filed by the

MFA No. 4085 of 2017

Appellant before this Hon'ble Court to quash the proceedings pending on the file of X ACMM, Benglauru in C.C.No.52646/2017 in view of the compromise entered herein, then the Respondent has no objections for this Hon'ble Court to quash the said criminal proceedings;

III) That the Respondent hereby agrees that she has no claims whatsoever as against the Appellant with respect to alimony and she undertakes not to make any claim in that regard in future; IV) That the Appellant and the Respondent have no children born out of marriage; the Appellant and the Respondent have exchanged all their belongings in each other's custody and undertake not to make any claim whatsoever as against each other in that regard.

V) That the Appellant and the Respondent hereby agree that the allegations made against each other is hereby withdrawn.

5. It is submitted that the above compromise is understood by the parties and that they agree that there is no force or coercion whatsoever to enter into the above compromise."

3. In view of the aforesaid submissions, the

marriage performed between the parties is dissolved by a

MFA No. 4085 of 2017

decree of divorce and the appeal is disposed of in terms of

the compromise arrived at between the parties.

Sd/-

JUDGE

Sd/-

JUDGE BSR