Karnataka High Court
Smt Srilakshmi V vs Sri Sirnivasu G on 16 February, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
-1-
MFA No.383 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A PATIL
MISCELLANEOUS FIRST APPEAL NO.383 OF 2020 (FC)
BETWEEN:
1. SMT. SRILAKSHMI .V
D/O ULISE VENKATA RAJU
Digitally signed AGED ABOUT 30 YEARS
by RUPA V R/AT KRISHNAMARAJU PALLE VILLE
Location: High VARIKUNTAPADU MANDALAM
Court of NELLORE DISTRICT, ANDHRA PRADESH 524302
Karnataka
REPRESENTED BY MR. A.S. GUPTA.
...APPELLANT
(BY SRI. A.S. GUPTA, ADV., FOR
SRI. K. MANOHARACHARI, ADV.,)
AND:
1. SRI. SRINIVASU .G
SON OF G. MUNIYAPPA
AGED ABOUT 33 YEARS
R/AT NO.14, 3RD MAIN ROAD
VINAYAKA NAGAR, BAGALUR CROSS
IAF POST, BENGALURU-560063.
...RESPONDENT
(BY SRI. S.Z. BAREED, ADV., FOR
SRI. T.G. RAVI, ADV.,)
THIS MFA IS FILED U/S 19(1) OF FC ACT AGAINST THE
JUDGMENT AND DECREE DATED 16.09.2019 PASSED IN MC
NO.124/2017 ON THE FILE OF THE II ADDITIONAL PRL.
JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE
PETITION FILED UNDER SECTION 13(1)(ia) OF HINDU
MARRIAGE ACT.
-2-
MFA No.383 of 2020
THIS APPEAL COMING ON FOR RECORDING
COMPROMISE, THIS DAY, ALOK ARADHE J., DELIVERED THE
FOLLOWING:
JUDGMENT
This appeal under Section 19(1) of the Family
Courts Act, 1984 has been filed against judgment dated
16.09.2019 passed by the Family Court in
M.C.No.124/2017 by which the petition filed by the
respondent / husband seeking dissolution of marriage
has been allowed.
2. Parties along with their counsel are present.
3. Learned counsel for the parties have invited the
attention of this Court to the memo which has duly
been signed by the parties as well as their counsel. It is
stated that the dispute between the parties has been
amicably resolved. The terms of compromise read as
under:
MFA No.383 of 2020
"1. The Appellant had filed a case against the
Respondent and his Family Members before
the Bagalur Police Station, and the Police had
registered a case against the Respondent, his
mother, Father and Sister for the offences
punishable under Section 498-A, 504, 506, 324
R/W Section 34 of IPC and Section 3 and 4 of
Dowry Prohibition Act in Crime No.71/2017
and the same is pending before the Learned
Prl. Civil Judge and JMFC, at Devanahalli, in
C.C.No.3816/2017 and the same is stand
posted for Evidence.
2. The Respondent's Mother Mrs. Hymavathi,
had also filed a case against the Appellant
herein and against one Venkataraju and based
on her complaint the Bagaluru Police had
Registered a case in Crime No.72/2017, for the
offences punishable under Section 323, 324,
504, 506 Read with Section 34 of IPC and the
same is pending before the Prl. Civil Judge and
JMFC, at Devanahalli, in C.C.No.3817/2017
and in the said case NBW is issued against the
Appellant herein.
MFA No.383 of 2020
3. The Appellant herein had also filed a case
for maintenance in Crl.Misc.No.241/2017, on
the file of II Additional Prl. Family Court,
Bengaluru, and the same came to be disposed
of on 16.02.2022 for non-prosecution.
4. The Respondent herein had filed case
against the Appellant herein seeking divorce in
M.C.No.124/2017, on the file of II Additional
Prl. Family court, Bengaluru, and the same
came to be decreed in favour of the Respondent
herein ex-parte on 16.09.2019 and same is
under challenge before this Hon'ble Court in the
above Appeal.
5. The Appellant and the Respondent herein
submits that with the Assistance of this
Hon'ble Court and their respective Counsels,
both had agreed to settle the issue amicably
and decided to put an end for all litigations
both Civil and Criminal pending between them.
6. The Respondent had offered to pay
Rs.14,00,000/- (Fourteen Lakh Only) as
permanent alimony in full and final settlement
to the Appellant and the same was accepted by
the Appellant and the Appellant herein had
MFA No.383 of 2020
accepted for the Dissolution of the Marriage
between them.
7. The Appellant herein had agreed to take
back the case filed by her which is pending
before the Prl. Civil Judge and JMFC, at
Devanahalli, in C.C.No.3816/2017 for the
Offences under Section 498-A, 504, 506, 324
R/W Section 34 of IPC and Section 3 and 4 of
Dowry Prohibition Act arising out of Crime
No.71/2017, by way of filing necessary
application and petitions before the Appropriate
Court having the Jurisdiction to try.
8. The Respondent herein had agreed to
make his Mother Mrs. Hymavathi to take back
the case filed by her which is pending before
the Prl. Civil Judge and JMFC, at Devanahalli,
in C.C.No.3817/2017 for the Offences under
Section 323, 324, 504, 506 Read with Section
34 of IPC arising out of Crime NO.72/2017 by
way of filing necessary application and
petitions before the Appropriate Court having
the Jurisdiction to try.
9. The Respondent as a part payment
towards the Permanent Alimony is paying
MFA No.383 of 2020
Rs.7,00,000/- (Seven Lakh only) by way of
Demand Draft bearing D.D. NO.575761, dated
15-02-2023 drawn at State Bank of India
(Name of the Applicant G Muniyappa) and
undertake to pay the Balance amount of
Rs.7,00,000/- shall be paid by the Respondent
in the First Week of April 2023.
10. Both the parties shall co-operate in closing
the Criminal cases against each other. The
parties are free to lead their independent life
without any interference from either side.
11. The Appellant and the Respondent herein
assures and undertakes that they will not file
any case either civil or criminal or they will not
make any claim against each other in future
and both of them will fully abide by this Joint
Memo."
4. In pursuance of the aforesaid compromise, a
Demand Draft dated 15.02.2023 for a sum of
Rs.7,00,000/- has already been handed over by the
MFA No.383 of 2020
learned counsel for the respondent to the learned
counsel for the appellant.
5. In view of compromise arrived at between the
parties, judgment and decree dated 16.09.2019 passed
by the Family Court in M.C.No.124/2017 is modified
and the appeal is disposed of in terms of compromise
arrived at between the parties.
Consequently, the pending interlocutory
applications are also disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RV
