Karnataka High Court
Sri N Pavan Kumar vs Smt Suma K on 20 February, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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MFA No.3611 of 2021
C/W MFA No.5591 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH 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.3611 OF 2021 (FC)
C/W
MISCELLANEOUS FIRST APPEAL NO.5591 OF 2021 (FC)
IN M.F.A. NO.3611 OF 2021
Digitally BETWEEN:
signed by
RUPA V 1. SRI. N. PAVAN KUMAR
Location: S/O LATE NAGARAJA
High Court of
Karnataka AGED ABOUT 33 YEARS
R/AT NO 118, 7TH MAIN
1ST B CROSS, HANUMANTHANAGAR
3RD CROSS, 7TH MAIN
BANGALORE - 560004.
...APPELLANT
(BY SRI. DAYANAND HIREMATH, ADV.,)
AND:
1. SMT. SUMA K
W/O SRI. N. PAVAN KUMAR
AGED 26 YERS
R/AT NO 5, D BLOCK
VIDYARANYAPURA MAIN ROAD
DODDABOMMASANDRA
BANGALORE - 560097.
...RESPONDENT
(BY SRI. RAHUL P, ADV.,)
THIS MFA IS FILED U/S.19(1) OF FAMILY COURTS ACT,
1984, AGAINST THE JUDGMENT AND DECREE DT.03.07.2021
PASSED IN MC NO.1118/2017 ON THE FILE OF THE
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MFA No.3611 of 2021
C/W MFA No.5591 of 2021
PRINCIPAL FAMILY JUDGE, BENGALURU, DISMISSING THE
PETITION FILED U/S.13(1)(i-a) OF HINDU MARRIAGE ACT,
ALLOWING THE PETITION FILED U/S.9 OF HINDU MARRIAGE
ACT.
IN M.F.A. NO.5591 OF 2021
BETWEEN:
1. SRI. N. PAVAN KUMAR
S/O LAE NAGARAJA
AGED 33 YEARS
R/AT NO 118, 7TH MAIN
1ST B CROSS, HANUMANTHANAGAR
3RD CROSS, 7TH MAIN
BANGALORE - 560004.
...APPELLANT
(BY SRI. DAYANAND HIREMATH, ADV.,)
AND:
1. SMT. SUMA K
W/O SRI. N. PAVAN KUMAR
AGED 26 YEARS
R/AT NO 5, D BLOCK
VIDYARANYAPURA MAIN ROAD
DODDABOMMASANDRA
BANGALORE - 560097.
...RESPONDENT
(BY SRI. M. GUNASHEKAR, ADV., C/R)
THIS MFA IS FILED U/S.19(1) OF FAMILY COURTS ACT,
AGAINST THE JUDGMENT AND DECREE DT.03.07.2021
PASSED IN MC NO.2142/2014 ON THE FILE OF THE PRINCIPAL
FAMILY JUDGE, BENGALURU, DISMISSING THE PETITION
FILED UNDER SECTION 13(1)(i-a) OF THE HINDU MARRIAGE
ACT, 1955.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
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MFA No.3611 of 2021
C/W MFA No.5591 of 2021
JUDGMENT
MFA No.3611/2012 has been filed against
judgment and decree dated 03.07.2021 passed in
M.C.No.2142/2014 by which the petition filed by the
respondent under Section 13 of the Hindu Marriage Act,
1955 (hereinafter referred to as 'the Act') has been
dismissed, whereas MFA No.5591/2021 has been filed
against judgment and decree dated 03.07.2021 passed
in M.C.No.1118/2017 by which the petition filed by the
respondent under Section 9 of the Act seeking
restitution of conjugal rights has been allowed.
2. The parties along with their counsel are present.
3. Learned counsel for the parties jointly submit
that the dispute between the parties has been amicably
resolved. In this connection, our attention has been
invited to a memo which has been duly signed by the
MFA No.3611 of 2021
C/W MFA No.5591 of 2021
parties as well as their counsel. The terms of
compromise read as under:
1. The parties state that due to irreconcilable
differences and incompatibility of
temperaments, they have been living
separately since 06.09.2013. The efforts
made by the elders, friends and well wishers
to resolve the differences between the parties
did not yield any results. There is absolutely
no chance of reunion amongst them.
2. The parties state that they have no
children from the said wedlock.
3. The appellant has agreed to pay a sum of
Rs.13,00,000/- (Rupees Thirteen Lakhs Only)
to the respondent in full and final settlement of
the claims and the respondent has agreed for
the same.
4. The appellant has agreed to pay the
aforesaid amount in three installment as
follows:-
a) A sum of Rs.4,00,000/- (Rupees Four
Lakhs Only) by way of demand draft on or
before 10.02.2023.
b) A sum of Rs.5,00,000/- (Rupees Five
Lakh Only) by way of demand draft on or
before 10.03.2023.
MFA No.3611 of 2021
C/W MFA No.5591 of 2021
c) another sum of Rs.4,00,000/-
(Rupees Four Lakhs Only) by way of
demand draft on or before 10.04.2023.
5) Both the parties state that they have
already exchanged their respective valuable
articles and other personal belongings.
6) Both the parties state that they have no
claims of whatsoever nature with regard to
movable or immovable properties belonging to
each other.
7) Both the parties agree not to interfere in
the lives of each other in any manner or in any
form in future.
8) The respondent has agreed to withdraw
Crl.Misc.126/2014 pending before the II
MMTC Court and also agreed to cooperate
with the appellant herein in seeking
closure/quashing of the proceedings in
C.C.No.10952/2016 pending before the 24th
ACMM Court, Bengaluru and also agreed to
withdraw Ex.No.122/2021 pending before the
Family Court, after passing of the decree in
terms of this compromise.
MFA No.3611 of 2021
C/W MFA No.5591 of 2021
III. In view of the aforesaid agreement entered
into between the parties, the parties humbly
pray that this Hon'ble Court may be pleased to
allow both the appeals by setting aside the
order of restitution of conjugal rights passed in
M.C.No.1118/2017 and modify the order
passed in M.C.No.2142/2014 by passing
decree of divorce, dissolving the marriage
solemnized on 12.02.2012 at Ubhaya
Vedantha Pravarthana Sabha kalyana
Mantapa, Bengaluru, in terms of this
settlement agreement.
IV. Parties to appear before the Hon'ble High
Court of Karnataka, Bengaluru for passing
orders in terms of the settlement agreement.
4. In view of aforesaid agreement arrived at
between the parties, judgment and decree dated
03.07.2021 passed in M.C.Nos.1118/2017 and
2142/2014 are set aside. The marriage between the
parties performed on 12.02.2012 is dissolved by a
decree of divorce.
MFA No.3611 of 2021
C/W MFA No.5591 of 2021
5. In compliance of the compromise arrived at
between the parties, learned counsel for the appellant
has handed over a sum of Rs.4,00,000/- by way of
Demand Draft dated 08.02.2023 to the learned counsel
for the respondent.
Accordingly, the appeals are disposed of in terms of
the compromise arrived at between the parties.
Sd/-
JUDGE
Sd/-
JUDGE
RV
