Karnataka High Court
Smt Supria M @ Shashikala vs Sri N Prakash on 24 January, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
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MFA No. 4941 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
M.F.A. NO. 4941 OF 2017 (FC)
BETWEEN:
SMT. SUPRIA M @ SHASHIKALA
W/O SRI N. PRAKASH
AGE 38 YEARS
R/AT NANDAGOKULA NILAYA
NO.2596, 11TH MAIN ROAD
E BLOCK, 2ND STAGE, RAJINAGAR
BENGALURU - 560 010
WORKING AT
FINANCIAL ASSISTANT/ACCOUNTANT
AT THE KARNATAKA STATE AIDS
PREVENTION SOCIETY, NO.4/13-1
Digitally CRESENT ROAD, HIGH GROUNDS
signed by B A
KRISHNA BENGALURU - 560 001.
KUMAR
Location:
...APPELLANT
High Court of
Karnataka (BY SRI CHANDRASHEKAR P PATIL., ADV.)
AND:
SRI N. PRAKASH
S/O M. NANJUDEGOWDA
AGED ABOUT 42 YEARS
R/AT NO.22/38, 11TH CROSS
(BOVIPALYA), MAHALAKSHMIPURAM
BENGALURU - 560 086.
...RESPONDENT
(BY SRI N. GOWTHAM RAGHUNATH, ADV.)
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT
ACT, 1984, PRAYING AGAINST THE JUDGEMENT AND DECREE DATED
22.04.2017 PASSED IN M.C.NO. 4296 OF 2013 ON THE FILE OF THE
C/c I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU,
-2-
MFA No. 4941 of 2017
ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia)AND (ib)
OF THE HINDU MARRIAGE ACT,FOR DISSOLLUTION OF MARRIAGE.
THIS APPEAL, COMING ON FOR FINAL 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
22.04.2017 passed by the Family Court, Bengaluru, in
M.C.No.4296/2013, by which the petition filed by the
respondent seeking dissolution of marriage on the ground of
cruelty and desertion has been allowed.
2. The parties along with their Counsel are present.
Learned Counsel for the parties have invited the attention of
this Court to the joint memo filed on behalf of the parties and
have submitted that the dispute between them has been
amicably resolved. The terms and conditions of the compromise
arrived at between the parties reads as under:
"2. It is submitted that both the parties herein out
of their own free will and wish/volition have mutually
agreed and consented for upholding of the Judgment and
Decree dated 22.04.2017 in M.C.No.4296/2013 of the
Family Court, Bengaluru, dissolving the marriage though
MFA No. 4941 of 2017
such dissolution is to be treated as on the basis of
mutual consent.
3. Both parties agree to withdraw the allegations
made against each other as have come out from the
pleadings before the Trial court.
4. Both the Parties herein voluntarily and out of
their free will and wish/volition have mutually agreed and
consented for upholding of the Judgment and Decree
passed in M.C.NO.4296/2013 dated 22.04.2017 of the
1st Additional Family Court, Bengaluru.
5. Further, both parties state that they have no
other future monetary claims or any other claims
whatsoever against each other in light of settlement of
present dispute and settlement of all claims between the
parties.
6. The Appellant undertakes to ensure
closure/withdrawal of the following proceedings pending
before the Courts without permitting further adjudication
regarding the same viz.,
i) Crl.Misc.No.562/2017 filed by Kum.
Harshitha P (represented by her
Mother/Natural guardian i.e., the appellant
herein) seeking maintenance which is
pending before the Hon'ble 4th Additional
Family Court, Bengaluru;
MFA No. 4941 of 2017
ii) PCR No.4663/2014 filed by the
Appellant against the Respondent before the
Hon'ble Magistrate Court, Bengaluru.
7. It is hereby clarified that the monetary
settlement entered into, evidenced by payment
made to the Appellant should be treated as
permanent alimony and thereby putting at rest all
present and future claims whatsoever as against
the Respondent insofar as the Appellant.
8. Future, the monetary payment being made
has been expressly agreed by the Appellant and
also taking note of and satisfaction of the claim of
maintenance insofar as minor daughter Kum.
Harshitha P is concerned.
9. Accordingly, there would be no claim on
behalf of the Appellant as well as on behalf of minor
daughter Kum. Harshitha P in the present or in
future and for such purpose, the procedure under
Order 32 Rule 7 CPC (Karnataka Amendment) has
been followed to evidence that settlement is in the
bona fide interest of the minor daughter Kum.
Harshitha P as well.
10. In light of the present settlement and
dissolution of matrimonial relationship, all cause of
actions against each other for any future litigation
and legal actions as well, stand extinguished as
expressly agreed by both the parties.
MFA No. 4941 of 2017
11. Both the parties have agreed that their
minor daughter Kum. Harshitha P, aged about 14
years, will be in the custody of her mother, the
Appellant herein. The legal and permanent custody
of the daughter Kum. Harshitha P shall vest with
the Appellant.
12. The Appellant undertakes to allow the
Respondent to visit his minor daughter once in a
while as decided by the Appellant and Respondent
from time to time.
13. The parties agree and undertake not to
defame each other in any Social Medias,
Networking Websites or Mobile applications or any
other social platforms.
14. By virtue of settlement arrived at
between the parties, the Respondent herein has
agreed to pay a sum of Rs.35,00,000/- (Rupees
Thirty Five Lakhs only) to the Appellant namely
Shashikala.M. @ Supriya.M. and minor daughter
namely 'Harshitha P' as permanent alimony and
thereby putting at rest all past, present and future
claims whatsoever as against the Respondent
insofar as the Appellant and her daughter Kum.
Harshitha P.
15. The respondent has agreed to pay the
said sum of Rs.35,00,000/- (Rupees Thirty Five
Laksh only) in the following manner:-
MFA No. 4941 of 2017
a) Rs.5,00,000/-(Rupees Five Laksh
only) in the name of appellant Smt.
Shashikala.M @ Supriya.M by way of Demand
Draft bearing No.034601 dated 24.01.2023
drawn on Nyayamithra Sahakara Bank
Niyamitha, High Court Branch, Bengaluru.
b) Rs.15,00,000/- (Rupees Fifteen
Laksh only) in the name of appellant Smt.
Shashikala.M @ Supriya.M by way of
NEFT/RTGS/DEMAND DRAFT on or before
31.05.2023.
c) Rs.15,00,000/- (Rupees Fifteen
Laksh only) in the name of appellant Smt.
Shashikala.M @ Supriya.M by way of
NEFT/RTGS/DEMAND DRAFT on or before
30.09.2023.
16. If the respondent fails to comply with the
payment terms as mentioned above, the present Appeal
shall stand restored with immediate effect."
3. The respondent has handed over a Demand Draft for a
sum of Rs.5 lakhs to the appellant, the receipt of which the
appellant has acknowledged.
MFA No. 4941 of 2017
4. In view of the compromise arrived at between the
parties, the appeal is disposed of according to the terms and
conditions of the aforesaid joint memo.
Sd/-
JUDGE
Sd/-
JUDGE
KK
