Smt. G Kavitha vs Sri D Rajesh
2023 Latest Caselaw 3712 Kant

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                                                      NC: 2023:KHC:21945-DB
                                                         MFA No.4835 of 2020




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                         DATED THIS THE 26TH 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.4835 OF 2020 (FC)
               BETWEEN:

               1.    SMT. G. KAVITHA
Digitally            W/O SRI. D. RAJESH
signed by
RUPA V               D/O T. GANGADHARAN .L
Location:            AGED ABOUT 35 YEARS
High Court           R/O NO.4, 5TH CROSS, VSR LAYOUT
of Karnataka         A NARAYANAPURA, DOORAVANI LAGAR
                     BENGALURU-560016
                                                                ...APPELLANT
               (BY SRI. V.S. BIJU, ADV.,)
               AND:

               1.    SRI. D. RAJESH
                     S/O A.R. DHINAGARAN
                     AGED ABOUT 40 YEARS
                     R/O NO.18/1, 17TH E CROSS
                     INDIRANAGAR, 2ND STAGE
                     BANGALORE-560038
                                                              ...RESPONDENT
               (BY SRI. G. SUKUMARAN, ADV.,)

                    THIS MFA IS FILED U/S.19(1) OF THE HINDU MARRIAGE
               ACT, AGAINST THE JUDGMENT AND DECREE DT.26.05.2020
               PASSED IN MC NO.122/2018 ON THE FILE OF THE VI
               ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU,
               ALLOWING THE PETITION FILED U/S.13(1)(ia) and (ib) OF THE
               HINDU MARRIAGE ACT.
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                                        NC: 2023:KHC:21945-DB
                                           MFA No.4835 of 2020




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

                        JUDGMENT

Mr.V.S.Biju, learned counsel for the appellant,

while inviting the attention of this Court to the

memorandum of agreement recorded by the Bengaluru

Mediation Centre, submits that the dispute between the

parties has been amicably settled.

2. The terms and conditions of compromise read as

under:

"1. Both the parties hereby agree that the Judgment and Decree of Divorce dated 26.05.2020 passed in M.C.No.122/2018 by the Hon'ble VI Addl. Prl. Family Court Judge, Bengaluru is binding on them.

2. In view of this settlement, the Appellant/wife has agreed to withdraw M.C.No.1087/2020 (filed under Section 9 of the Hindu Marriage Act for the relief of restitution of conjugal rights) against the Respondent/husband within two weeks from

NC: 2023:KHC:21945-DB MFA No.4835 of 2020

the date of this settlement agreement and the said case is pending for consideration before VI Addl. Prl. Family Court Judge, Bengaluru.

3. The appellant/wife has received the following stated Gold jewellery, silver articles, valuables and other personal belongings etc., from the respondent/husband:-

     i) Hara (long chain)         -     1
     ii) Necklace                 -     1
     iii) Earrings                -     3 pairs
     iv) Rings                    -     3 nos
     v) Bracelet                  -     1
     vi) Matti                    -     1 pair
     vii) Leg chain               -     1 pair
     viii) Men's bracelet         -     1
     ix) Men's chain              -     1
     x) Men's ring                -     1

xi) Mangalya Articles and one dollar

xii) A set of silver pooja items

xiii) Complete Certificates - Educational records, Aadhar Card, Passport.

xiv) Clothes and other personal articles beside, silver brass and other

NC: 2023:KHC:21945-DB MFA No.4835 of 2020

items etc., from the respondent herein and there are no other pending items or movables left with the respondent and the appellant had received all the above items in full and final settlement of all her claims including the claim of permanent alimony or any compensation from the respondent/husband.

4. Both the parties hereby state and agree that they have no claim of permanent alimony/maintenance against each other, either past, present and future and also have no claims over the movable or immovable properties belonging to each other either existing or to be acquired.

5. In view of the settlement arrived between them, both parties have agreed not to interfere in each other's lives in any manner.

III. In view of the aforesaid agreement entered into between the parties, the parties humbly pray that this Hon'ble Court be pleased to pass appropriate orders, in terms of this settlement agreement.

IV. Parties will appear before the Hon'ble High Court to report settlement on the next date of

NC: 2023:KHC:21945-DB MFA No.4835 of 2020

hearing, to report this settlement, in the interest of justice and equity."

3. In view of settlement arrived at between the

parties, the marriage solemnized between the parties on

02.06.2014 is dissolved by a decree of divorce.

4. Accordingly, the appeal is disposed of in terms

of the compromise arrived at between the parties.

Consequently, pending interlocutory applications

are also disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

RV