Karnataka High Court
Dr. T.M. Prashanth Kumar vs Sri. Suggaladevi @ Nithya on 19 July, 2023
Bench: Alok Aradhe, Anant Ramanath Hegde
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MFA No.4902 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO.4902 OF 2022 (FC)
BETWEEN:
1. DR. T.M. PRASHANTH KUMAR
S/O T.M. SOMAIAH
AGED ABOUT 45 YEARS
R/O T M A E SOCIETY'S COLLEGE OF
Digitally
signed by EDUCATION, HARAPANAHALLI TOWN
RUPA V VIJAYANAGARA DISTRICT.
Location: ...APPELLANT
High Court (BY SRI. SANTOSH R. NELKUDURI, ADV.,)
of Karnataka
AND:
1. SRI. SUGGALADEVI @ NITHYA
W/O DR. T.M. PRASHANTH KUMAR
AGED ABOUT 41 YEARS
HEAD MISTRESS AND ADMINISTRATIVE
OFFICER OF SRI. SIDDALINGESHWARA VIDYA
SAMSTE ® AVARAGERE EXTENSION
DAVANGERE CITY, DAVANGERE-577001.
...RESPONDENT
(BY SRI. SANGAMESH R.B. ADV.,)
THIS MFA IS FILED U/S.19(1) OF FAMILY COURTS ACT,
1984, AGAINST THE JUDGMENT AND DECREE DT.08.06.2022
PASSED IN MC NO.354/2018 ON THE FILE OF THE JUDGE,
FAMILY COURT, DAVANAGERE, DISMISSING THE PETITION
FILED U/S.13(1)(i-a)(i-b) OF THE HINDU MARRIAGE ACT, 1955.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
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MFA No.4902 of 2022
JUDGMENT
Parties along with their counsel are present.
This appeal has been filed against judgment and
decree dated 08.06.2022 passed by the Family Court,
Davanagere in M.C.No.354/2018 by which the petition
filed by the husband under Section 13 of the Hindu
Marriage Act, 1955 has been dismissed.
2. When the matter is taken up today, learned
counsel for the parties submit that the dispute has been
amicably resolved between the parties.
3. In this connection, attention has been invited to
the memorandum of settlement. The terms and
conditions of settlement read as under:
1. Both the parties state that their marriage
was solemnized on 30.04.2006 at KEB
Samudaya Bhavana, Davanagere, as per
Hindu rites and customs.
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MFA No.4902 of 2022
2. They have a son from the wedlock by
name Master Kumaraswamy @ Swamy
Kumaresh, born on 18.04.2007, now aged
about 16 years under the care and custody of
the respondent/mother and shall continue to
be in her permanent custody till he attains the
age of majority, for which the
appellant/husband has no objection.
3. The parties state that due to irreconcilable
differences and incompatibility of
temperaments, they have been living
separately since December 2008. 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 between them. The
appellant and the respondent agree their
marriage is irretrievably broken down and
there are no chances of reunion to lead a
happy married life. Hence, the appellant and
the respondent have decided to get the
marriage between them dissolved by a Decree
of Divorce by way of mutual consent in the
above case pending before the Hon'ble High
Court. The respondent concedes for the above
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MFA No.4902 of 2022
appeal to be allowed in view of the terms of
settlement arrived between them during the
course of mediation and draw a decree of
divorce by mutual consent.
4. Both the parties have mutually agreed
that they shall settle the matters pending
before them as per the following terms and
conditions;-
a) The appellant has agreed and undertaken
to pay sum of Rs.50,00,000/- (Rupees Fifty
Lakhs Only) to the respondent towards
permanent alimony/maintenance in full and
final settlement of all her claims and also
towards maintenance and educational
expenses fo their minor son including the
arrears of maintenance passed in
Crl.Misc.126/2018. Out of which,
Rs.10,00,000/- (Rupees Ten Lakhs Only) has
already been transferred by the appellant to
the respondent by way of RTGS to the bank
account of the respondent on 07.07.2023, the
receipt of which the respondent hereby
acknowledges. The balance amount of
Rs.40,00,000/- (Rupees Forty Lakhs Only) is
agreed and undertaken to be paid by way of
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MFA No.4902 of 2022
demand draft/RTGS Transfer in favour of the
respondent/wife on or before 19.07.2023,
before the Hon'ble High Court while reporting
the settlement/agreement.
b) It is further mutually agreed that, both the
parties have mutually agreed to exchange their
respective valuables and other movable assets
before reporting this settlement to the Hon'ble
Court.
c) Both the parties further state and agree
that except whatever is stated above, there is
no other claims whatsoever either past, present
or future related to both movable and
immovable properties belonging to each other in
view of the above settlement arrived between
them.
d) it is stated that Crl.Misc.126/2018 which
was disposed of on 30.08.2022 granting
maintenance has been challenged by the
appellant/husband in Crl.A.56/2022 and the
same is pending before the I Addl. District and
Sessions Judge, Davanagere. In view of the
settlement arrived in the above case, both
parties shall cooperate by filling a joint
memo/compromise to close the appeal on the
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next date of hearing. It is further submitted
that Crl.Misc.204/2023 is filed by the
respondent/wife for enforcement of the order of
maintenance which is mutually agreed to be
treated as settled, in view of this settlement by
filling necessary joint memo.
e) The appellant has filed PCR No.544/2023
before the IV Addl. Civil Judge and JMFC,
Davanagere alleging offences punishable under
Section 420 and 421 of IPC against the
respondent herein. In view of the settlement
arrived in the above case, the appellant
undertakes to withdraw the said complaint
and if it is not allowed to be withdrawn due to
technical reason, both parties shall cooperate
with each other for closing /quashing the said
case by filing necessary petition/application
under Section 482 of Cr.P.C. before the Hon'ble
High Court of Karnataka.
f) Both the parties agree and undertake not
to interfere in the lives of each other in any
manner in future.
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4. In view of the aforesaid compromise arrived at
between the parties, the marriage performed between
the parties on 30.04.2006 is dissolved by a decree of
divorce. The appellant has already transferred a sum of
Rs.50,00,000/- to the account of respondent, the
receipt of which the respondent acknowledges.
The appeal is therefore disposed of in terms of
compromise arrived at between the parties.
Consequently, pending interlocutory application is
also disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RV
