Manjesh H K @ Ajay vs Smt Malashri R @ Keerthana T R
2023 Latest Caselaw 3031 Kant

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                                                   NC: 2023:KHC:19468-DB
                                                        MFA No. 5250 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 8TH DAY OF JUNE, 2023

                                          PRESENT
                           THE HON'BLE MR JUSTICE ALOK ARADHE
                                             AND
                      THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
                     MISCELLANEOUS FIRST APPEAL NO. 5250 OF 2022 (MC)
                   BETWEEN:
                   MANJESH H. K. @ AJAY,
                   S/O KRISHNAPPA H. V.,
                   AGED ABOUT 33 YEARS,
                   R/AT NO.871/A, VASAVI NILAYA,
                   2ND CROSS, VINAYAKA NAGAR,
                   HAGADURU, WHITEFIELD POST,
                   BENGALURU - 560 066.
                                                                ...APPELLANT
                   (BY SRI. MANJUNATHA H. A., ADVOCATE)

                   AND:

                   SMT MALASHRI R @ KEERTHANA T. R,
                   W/O MANJESH H. K,
Digitally signed   D/O RAJANNA,
by BELUR
RANGADHAMA         AGED ABOUT 31 YEARS,
NANDINI            R/AT THIMMASANDRA VILLAGE,
Location: HIGH     SULIBELE HOBLI, LAKKONDAHALLI POST,
COURT OF
KARNATAKA          HOSKOTE TALUK,
                   BENGALURU RURAL DISTRICT- 562 114.
                                                              ...RESPONDENT
                   (BY SMT.SHASHIKALA A, ADVOCATE)
                        THIS MFA IS FILED U/S 28(1) OF HINDU MARRIAGE ACT
                   AGAINST THE JUDGMENT AND DECREE DATED: 02.06.2022
                   PASSED IN MC NO.322/2021 ON THE FILE OF THE III
                   ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
                   DISTRICT, BENGALURU, DISMISSING THE PETITION FILED
                   UNDER SECTION 13(1)(a) OF THE HINDU MARRIAGE ACT.
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                                     NC: 2023:KHC:19468-DB
                                          MFA No. 5250 of 2022




    THIS APPEAL COMING ON FOR ORDERS                 THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
                          JUDGMENT

This appeal under Section 19 of the Family Courts Act,

1984 has been filed against the judgment dated 02.06.2022

passed by the Trial Court in M.C. No.322/2021 by which

petition filed by the appellant/husband seeking dissolution of

marriage has been dismissed.

2. Learned counsel for the parties while inviting the

attention of this Court to the report submitted by the Bengaluru

Medication Centre submits that the dispute between the parties

has been amicably resolved.

3. The terms and conditions arrived at between the

parties in the report reads as under:

"1. The appellant and respondent state that their marriage was solemnized on 21.06.2019 at S.D.P Palace, Katamnalluru, Whitefield Road, Bengaluru, as per their rites and customs.

2. Due to incompatibility, misunderstanding and differences in opinion they were living separately since 01.02.2021.

NC: 2023:KHC:19468-DB MFA No. 5250 of 2022

3. Both parties state that they have no children born to them from their wedlock.

4. The appellant has paid a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) to the respondent towards permanent alimony and maintenance in full and final settlement by way of cheque bearing No.358003, dated 15.04.2023 drawn on SBI, Whitefield Branch, Bengaluru, the said payment is subject to realization.

5. Both parties state that they have already exchanged their valuables and belongings.

6. Both the parties agree that apart from the above they have no other claim of whatsoever manner against each other either past, present or future.

7. Both the parties herein state that there is no undue influence, force, or coercion in entering into this agreement from any one or anything.

8. Both the parties admit that they shall not interfere in each other's live in future".

4. In view of the aforesaid compromise arrived at

between the parties, the judgment and decree dated

02.06.2022 passed by the Trial Court in M.C. No.322/2021 are

NC: 2023:KHC:19468-DB MFA No. 5250 of 2022

set-aside and the appeal is disposed of in terms of the

compromise arrived at between the parties.

Sd/-

JUDGE

Sd/-

JUDGE

BRN