Karnataka High Court
Sri M B Ravishankar vs Smt S L Kavya @ Kusuma on 6 January, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
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MFA No.2602 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
MISCELLANEOUS FIRST APPEAL NO.2602 OF 2020 (FC)
BETWEEN:
1. SRI. M.B. RAVISHANKAR
AGE ABOUT 34 YEARS
S/O M BASAVARAJU
R/AT NO 324, BUGATHAHALLI GATE
Digitally signed BANNUR ROAD, MYSORE.
by RUPA V
Location: High ...APPELLANT
Court of
Karnataka (BY SRI. B. ROOPESH, ADV.,)
AND:
1. SMT. S.L. KAVYA @ KUSUMA
AGE ABOUT 28 YEARS
W/O M B RAVISHANKAR
R/AT NO 1133 1OTH MAIN
4TH CROSS E AND F BLOCK
RAMAKRISHNA NAGARA MYSORE.
...RESPONDENT
(BY SRI. G.K. SHIVAPRAKASH, ADV.,)
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, 1984, AGAINST THE JUDGEMENT AND DECREE
DATED 01.02.2020 PASSED IN M.C.NO. 244/2019 ON THE FILE
OF THE IV ADDITIONAL PRINCIPAL FAMILY JUDGE, MYSURU,
DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia)OF
THE HINDU MARRIAGE ACT.
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MFA No.2602 of 2020
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 has been filed against the judgment dated 01.02.2020
passed in M.C.No. 244/2019 by which petition filed by the
appellant seeking dissolution of marriage has been
dismissed.
2. Learned counsel for the parties submitted that
the parties have amicably resolved the differences between
them. They have filed a joint memo. The terms and
conditions arrived at between the parties are as under:
1. The Appellant and Respondent submit
that they are Hindus by Religion and they were
married on 7.8.2016 at PKV Acharya Sabha
Bhavana, Kanakadasa Nagar, Mysuru as per the
Hindu rites and Customs. The Appellant and the
Respondent submits that out of their wedlock they
have a child, namely, Kumari, Samhitha who was
years. The said child is presently under the care
MFA No.2602 of 2020
and custody of the respondent/mother.
2. It is submitted that the appellant and
respondent are living separately from past 3 years.
There is absolutely no chance of reunion by the
appellant and respondent. Hence the appellant
and the respondent have decided to get the
marriage between them dissolved by a decree of
divorce.
3. The respondent herein has filed
Cri.Misc.No.191/2019, before the Hon'ble IV Addl.
Prl. Family Judge, Mysuru for maintenance for
herself and for her child. In the above said petition,
the Hon'ble Family Court on the interim application
filed by the respondent herein, by its order dated
23.8.2019 has ordered for interim maintenance.
Therefore the above petition was come to be
allowed on 28/02/2022.
4. During the pendency of above petition,
the respondent herein has filed
Crl.Misc.No.819/2021 under section 125 (3) of
Cr.P.C. for recovery of interim maintenance. In the
above petition the appellant and respondent have
agreed to settled the dispute amicable, accordingly
they have filed compromise petition on
21/06/2022. As per the compromise the appellant
has already paid Rs.9,00,000/- (Rupees Nnie
MFA No.2602 of 2020
Lakhs Only) to the respondent as permanent
alimony as full and final settlement and a sum of
Rs.10,75,000/- (Rupees Ten Lakh Seventy-Five
Thousand only) as maintenance to his daughter
namely Kumari. Samhitha and further agreed to
dissolve their marriage by mutual consent.
5. The appellant herein does not have any
manner of objection whatsoever for the
respondent/mother to have the sole custody and
care of their minor child namely Kumari Samitha.
6. The respondent undertake that she will
not claim any maintenance/alimony from the
appellant in present or in future. Similarly, the
appellant has no claims against the respondent in
present or in future.
7. Further, in view of this settlement both
the parties hereby agree to withdraw all the
allegations and counter allegations made against
each other.
8. The parties do hereby state and agreed
that, they will and do not have any claims over the
movable or immovable assets belonging to each
other either existing or to be acquired in future.
9. The appellant and respondent submit
that they shall have no personal claims as against
each other and they are entitled to live their lives by
MFA No.2602 of 2020
remarrying or whatsoever and the either party shall
not interfere with each other's lives directly or
indirectly.
10. The appellant and respondent have
resolved their disputes amicably as stated above
and both of them are free to lead their independent
and peaceful life without interference with each
other and both the parties undertake that they will
not create any situation which may defame or
tarnish the reputation of appellant as well as
respondent and their family members untruthfully.
11. The appellant and respondent have
entered into this Compromise Petition without any
force or coercion from any parties and they shall
bear their own costs.
12. The appellant and respondent will abide
all the conditions mentioned in the present
compromise petition and also compromise petition
dated 21.06.2022 filed in Crl.MIsc.No.819/2021
before IV Additional Prl. Judge, Family Court,
Mysuru.
3. In view of the compromise arrived at between the
parties, the marriage of the parties performed on
MFA No.2602 of 2020
07.08.2016 at PKV Acharya Sabha Bhavana, Kanakadasa
Nagar, Mysuru is hereby dissolved by a decree of divorce.
The judgment and decree passed by the Family court is
modified in terms of compromise arrived at between the
parties.
Accordingly, appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
SS
