S Prasanna Kumar vs Smt P Suguna
2023 Latest Caselaw 1783 Kant

                                              -1-
                                                        MFA No. 1255 of 2019




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 10TH 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.1255 OF 2019 (SMA)
                   BETWEEN:

                       S PRASANNA KUMAR
                       AGED ABOUT 57 YEARS,
                       S/O LATE SRINIVASA SHETTY,
                       R/O VASAVI NILAYA,
                       NO.3, 1/1, 1ST FLOOR,
                       4TH CROSS, 1ST MAIN,
                       SANJEEVINI NAGAR,
                       NAGARABHAVI POST,
                       BENGALURU - 560 072.
                                                                ...APPELLANT
                   (BY SRI. CHIDAMBARA G S, ADVOCATE)
Digitally signed
by GAYATHRI        AND:
N
Location: HIGH
COURT OF               SMT P SUGUNA
KARNATAKA
                       AGED ABOUT 55 YEARS,
                       W/O S.PRASANNA KUMAR,
                       R/O VASAVI NILAYA
                       NO.3, 1/1, 1ST FLOOR,
                       4TH CROSS, 1ST MAIN,
                       SANJEEVINI NAGAR,
                       NAGARABHAVI POST,
                       BENGALURU - 560 072.
                                                              ...RESPONDENT
                   (BY SRI. RAVI H K, ADVOCATE)
                                 -2-
                                            MFA No. 1255 of 2019




     THIS MFA IS FILED UNDER SECTION 39 OF THE SPECIAL
MARRIAGE ACT, 1954, PRAYING TO ALLOW THE APPEAL AND
SET ASIDE THE JUDGMENT AND DECREE DATED 11.09.2018
PASSED BY THE COURT OF PRL. JUDGE, FAMILY COURT,
BENGALURU IN M.C.NO.18/2014 AND DECREE THE SAID
PETITION AS PRAYED FOR THEREIN, IN THE INTEREST OF
JUSTICE AND EQUITY.

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

Sri.Chidambara G.S, learned counsel for the

appellant.

Sri. Ravi H.K., learned counsel for the respondent.

Both appellant and respondent are present before the

Court.

2. This appeal has been filed by the appellant

aggrieved by the judgment and decree dated 11.09.2018

passed by the family Court in MC No.18/2014 by which the

petition filed by the appellant seeking dissolution of

marriage has been dismissed.

3. Learned counsel for the parties jointly submit

that the dispute between the parties has been amicably

resolved.

MFA No. 1255 of 2019

4. In this connection, they have invited the

attention of this Court to the memorandum of agreement

recorded before the Bangalore Mediation Centre. The

terms and conditions reads as under:

1. Both the parties agreed that they have been living separately from 23.05.2012 and there is no chance of Reunion between them.

2. After several rounds of mediation proceedings, the appellant and the respondent have agreed to dissolve their marriage registered on 10.09.1985 in the office of the Sub-Registrar, Gandhinagar, Bengaluru registered under Special Marriage Act and also the parties have agreed to divide their movable and immovable properties mentioned in O.S.No.46/2019 as full and final settlement of all their claims against each other upon the terms and conditions agreed in this settlement agreement and also as per the settlement agreement made in O.S.No.46/2019.

MFA No. 1255 of 2019

3. The parties have exchanged all their belongings and the properties as mentioned in detail in the settlement agreement made in O.S.No.46/2019 and as such they have no claim against each other of whatsoever nature either past, present or future.

4. The respondent has given up her right to claim maintenance/permanent alimony from the appellant, as she is economically independent.

5. Both the parties state that they have no claims of whatsoever nature with regard to movable or immovable properties belonging to each other which is existing or to be acquired in future.

6. Both the parties agree not to interfere in the lives of each other in any manner or in any form in future. And both the parties are fully entitled to lead their future life as per their desire without any interference from each other.

MFA No. 1255 of 2019

In view of the aforesaid compromise arrived at

between the parties, marriage performed between the

parties on 10.09.1985 is dissolved by a decree of divorce

and appeal is disposed of in terms of the compromise

arrived at between the parties.

Sd/-

JUDGE

Sd/-

JUDGE

MDS