Smt Archana N vs Sri Sandeep Kumar S M
2023 Latest Caselaw 5348 Kant

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                                                    NC: 2023:KHC:27711-DB
                                                         MFA No. 4881 of 2021




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 7TH DAY OF AUGUST, 2023
                                            PRESENT
                           THE HON'BLE MR JUSTICE G.NARENDAR
                                              AND
                       THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                   MISCELLANEOUS FIRST APPEAL NO. 4881 OF 2021 (FC)


                   BETWEEN:

                   SMT ARCHANA N
Digitally signed   W/O SANDEEP KUMAR
by YAMUNA K L
                   C/O PUSHPALATHA,
Location: High
Court of           AGED ABOUT 28 YEARS,
Karnataka          R/AT NO.13-G,
                   3RD STREET, JOGUPALYA,
                   ULSOOR, BENGALURU-560 008.
                                                                 ...APPELLANT
                   (BY SRI. SUDHINDRA S A., ADVOCATE)
                   AND:

                   SRI SANDEEP KUMAR S M,
                   S/O MARISWAMY,
                   C/O D HONAPPA,
                   AGED ABOUT 32 YEARS,
                   R/AT NO.63/22
                   1ST FLOOR, AT STREET,
                   KURBARTAPET,
                   COTTONPET ROAD,
                   BELI MUTT ROAD CROSS,
                   BENGALURU-560 057.
                                                               ...RESPONDENT
                   (BY SRI. DEVARAJA K., ADVOCATE)
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                                    NC: 2023:KHC:27711-DB
                                         MFA No. 4881 of 2021




     THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED
08.09.2017 PASSED IN M.C.NO. 768/2014 ON THE FILE OF
THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION
13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955.

     THIS APPEAL, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, G.NARENDAR J.,
DELIVERED THE FOLLOWING:


                           JUDGMENT

Heard the learned counsel for the appellant and the

learned counsel for the respondent.

2. Both the parties are also present before the

Court.

3. Learned counsels for the parties submit that a

memo signed by both the appellant and the respondent

and by their respective counsels.

4. The appellant is before this Court questioning

the order dissolving the marriage solemnized on

22.05.2011 at Sri Channakeshava Kalyana Mantapa,

Chikkaballapur. Learned counsels submit that post the

NC: 2023:KHC:27711-DB MFA No. 4881 of 2021

dissolution of the marriage, both the parties have re-

married. On a query, both the parties fairly concede the

same.

5. Memo is taken on record.

6. In view of the settlement arrived at between

the parties, the memo is filed into Court and the same

reads as under:-

"MEMO

The Appellant and the Respondent humbly submit that the above matter is settled out of court with the interventions of well wishers and counsels on record. The respondent (Mr. Sandeep Kumar S.M) has agreed to give a permanent alimony of Rs.4,00,000/- vide DD No.268519 dated 05.08.2023 drawn on Union Bank of India Service Branch Bangalore in the name of their daughter Kum.Vishrutha Deepa.S and the appellant (Smt.Archana) has also agreed for the same.

WHEREFORE as both the parties have arrived for a settlement. Both parties pray this Hon'ble court may kindly be pleased to dispose of the above matter as settled, for the above said amount, subject

NC: 2023:KHC:27711-DB MFA No. 4881 of 2021

to realization of the same in the interest of justice and equity.

      Sd/-                                  Sd/-
      ADVOCATE FOR                       APPELLANT
      APPELLANT                       (Smt. Archana N)
      (SUDHINDRA S.A)

      Sd/-                               Sd/-
      ADVOCATE FOR                   RESPONDENT
      RESPONDENT               (Sri. Sandeep Kumar S.M)


      BENGALURU
      DATE: 07.08.2023."

In that view of the matter, appeal is dismissed as

not pressed. Dismissal is subject to realization of the

demand draft that is handed over in terms of the

memo.

Sd/-

JUDGE

Sd/-

JUDGE

CHS