Karnataka High Court
Manish Jain vs Smt. Swathi Shrivastav Jain on 6 March, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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MFA No. 8592 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A . PATIL
M.F.A.NO.8592 OF 2013 (FC)
BETWEEN:
MANISH JAIN
S/O DR N K JAIN
AGED ABOUT 43 YEARS
343, LAKE DEU RESIDENCY
HARALUR VILLAGE,
BENGALURU - 560 102
...APPELLANT
(BY SRI. ROHITH C V, ADVOCATE)
AND:
Digitally signed
by REKHA R
Location: High SMT. SWATHI SHRIVASTAV JAIN
Court of W/O SRI MANISH JAIN
Karnataka
AGED 36 YEARS
R/A NO.5, MUNIREDDY BUILDINGS
KANAHALLI BUS STOP
BENGALURU - 560 035
...RESPONDENT
(BY SMT. PRATHIMA ANAND S.K, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT R/W SECTION 28 OF HINDU MARRIAGE ACT,
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MFA No. 8592 of 2013
PRAYING TO a) SET ASIDE THE JUDGMENT AND DECREE
PASSED IN M.C.NO.30/2010 ON THE FILE OF THE II
ADDITIONAL PRINCIPAL FAMILY COURT, BENGALURU DATED
04.07.2013, DECREE DATED 27.07.2013; b) PASS
APPROPRIATE ORDER.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.Rohit C.V, learned counsel for appellant.
Smt.Prathima Anand S.K, learned counsel for
respondent.
2. This appeal under Section 19(1) of Family Court
Act r/w Section 28 of the Hindu Marriage Act has been
filed against the judgment and decree dated 04.07.2013
passed in M.C.No.30/2010, by which petition filed by the
appellant seeking dissolution of marriage on the ground of
cruelty has been dismissed.
3. We have perused the memorandum of
agreement arrived at between the parties before
MFA No. 8592 of 2013
Bengaluru Mediation Centre. The aforesaid memorandum
of agreement has been duly signed by the parties as well
as their counsel. The terms and conditions of the
compromise reads as under:
"II) During the course of mediation, the parties
have amicably settled their disputes and have
agreed as follows:
a. The Appellant and the Respondent have
agreed that the marriage solemnized between
them as per Hindu rites and customs on
15/09/2004 at Arya Samaj Temple, Jabalpur,
Madhya Pradesh, be dissolved by a decree of
divorce.
b. The Appellant has agreed to pay a sum of
Rs.20,00,000/- (Rupees Twenty Lakhs Only)
to the Respondent towards full and final
settlement of all claims including alimony.
c. The Appellant has agreed to pay a sum of
Rs.5,00,000/- (Rupees Five Lakhs Only)
towards the maintenance of the child.
d. The Appellant and the Respondent have
agreed that the above payment of
Rs.20,00,000/- (Rupees Twenty Lakhs Only)
will be paid by way of DD in the name of the
Respondent at the time of reporting
settlement.
MFA No. 8592 of 2013
e. The Appellant and the Respondent have
agreed that the above payment of
Rs.5,00,000/- (Rupees Five Lakhs Only) to
the son would be in the following manner:
i. Rs.2,50,000/- to be deposited into the
account of the Shriansh Jain on 1st July 2023;
ii. Rs.2,50,000/- to be deposited into the
account of the Shriansh Jain on 1st July 2024;
f. It is also agreed that, any arrears payable by
the Appellant as per the interim and final
orders in C.Misc.607/2009 gets merged with
the agreed amount of Rs.20,00,000/- (Rupees
Twenty Lakhs Only) and Rs.5,00,000/-
(Rupees Five Lakhs Only).
g. That after passing of orders in the above
case, the respondent agrees to withdraw the
cases in C.Misc.336/2017 and
C.Misc.655/2018, pending on the file of
Hon'ble II Addl. Principal Judge, Family Court,
at Bangalore.
h. The Appellant undertakes to bear the entire
college fees of the child Shriansh Jain till the
completion of his 4 years undergraduate
studies in India according to his securing rank
based on his merit (JEE Mains, KCET, and
others engineering entrance examinations).
i. The Appellant undertakes that being a father
he wants welfare of the Son Shriansh Jain and
to have a decent undergraduate education,
but it must be accordingly to Appellant's
affordability, capacity and based on the merit
MFA No. 8592 of 2013
rank of Shriansh Jain in Engineering
Entrances Examinations.
j. In this regard the respondent has no
objections for the Appellant to take all major
decisions pertaining to the education of the
child Shriansh Jain keeping the paramount
welfare and best interests of the child in
consideration.
k. Both the parties agree that apart from the
above agreed terms, they have no claims of
any nature whatsoever against each other -
past, present or future or in respect of the
moveable or immoveable properties of each
other - existing or to be acquired in the
future.
l. The Appellant and the respondent undertake
not to interfere in the lives of each other in
future."
4. Learned counsel for the appellant undertakes to
hand over the two Demand Drafts payable to the
respondent as well as Son - Shriansh Jain on or before
09.03.2023.
5. In view of the compromise arrived at between
the parties, the marriage performed between the appellant
and respondent on 15.09.2004 at Arya Samaj Temple,
Jabalpur, Madhya Pradesh is dissolved by a decree of
MFA No. 8592 of 2013
divorce and the appeal is disposed of in terms of
compromise arrived at between the parties.
Sd/-
JUDGE
Sd/-
JUDGE
RR
