Sri Somashekar vs Smt. Ashwini
2023 Latest Caselaw 1443 Kant

                                       -1-
                                                MFA No. 8611 of 2016




             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.8611 OF 2016
             BETWEEN:

             SRI. SOMASHEKAR
             S/O SHIVARAMACHARI T
             AGED ABOUT 36 YEARS
             R/A NO 14, 6TH A CROSS,
             HANUMAGIRI LAYOUT
             CHIKKASANDRA MAIN ROAD,
             BANGALORE - 560061

                                                        ...APPELLANT

             (BY SRI. K MANOHARA CHARI, ADVOCATE)
Digitally
signed by    AND:
GAYATHRI N
Location:
HIGH COURT   SMT. ASHWINI
OF           W/O RAMAKRISHNA
KARNATAKA
             AGED ABOUT 30 YEARS
             R/A NO 695/3, KADIRENAHALLI
             BSK 2ND STAGE,
             BANGALORE - 560 070
                                                      ...RESPONDENT

             (BY SRI. LOKESHA G, ADVOCATE FOR C/R)

                    THIS MFA IS FILED UNDER SECTION 19(1) OF THE
             FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE
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                                       MFA No. 8611 of 2016




DATED 28.10.2016 PASSED IN M.C.NO.2308/2013 ON THE
FILE OF THE IV ADDITIONAL PRINCIPAL JUDGE, C/c. OF I
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU,
DISMISSING THE PETITION FILED U/S 13(1) (ia) AND (ib) OF
THE HINDU MARRIAGE ACT AND ETC.

      THIS APPEAL, COMING ON FOR HEARING, 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 the judgment and decree

dated 28.10.2016 by which petition filed by the appellant/

husband under Section 13(1)(ia)&(ib) of the Hindu

Marriage Act, 1955, has been dismissed.

2. Learned counsel for the parties along with parties

present. They have invited attention of this Court to the

memo filed on behalf of the parties, which has been duly

signed by them.

3. Learned counsel for the parties further submit that

the dispute between the parties has been amicably

MFA No. 8611 of 2016

resolved. The terms and conditions of the compromise

arrived at between the parties read as under :-

a. Marriage between the parties performed on

23.04.2007 is dissolved by decree of divorce.

b. The appellant shall pay a sum of

Rs.5,00,000/- (Rupees Five Lakhs only) by way

of permanent alimony to the respondent.

c. Out of Rs.5,00,000/- a sum of Rs.1,00,000/-

has been paid to the respondent by way of

Demand Draft bearing No.207410 dated

20.02.2023 drawn on Canara Bank in favour of

the respondent.

d. Remaining sum of Rs.4,00,000/- shall be

paid by the appellant to the respondent on or

before 20.04.2023.

4. In view of the aforesaid compromise arrived at

between the parties, the marriage performed on

23.04.2007 is dissolved by a decree of divorce. The

MFA No. 8611 of 2016

appeal is disposed of in terms of the compromise arrived

at between them.

Sd/-

JUDGE

Sd/-

JUDGE

NG

CT: SV