Karnataka High Court
Smt Hemavathi R vs Sri Somashekar P on 28 March, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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MFA No. 2870 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH 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.2870 OF 2019 (FC)
BETWEEN:
SMT HEMAVATHI R
W/O SOMASHEKAR P
D/O LATE RAMAKRISHNAPPA,
AGED ABOUT 36 YEARS
RESIDING AT NO.553,
KEMPAMMA NILAYA,
5TH MAIN ROAD, OPP. TO HIG COLONY,
NEW BEL ROAD,
BENGALURU - 560 094
Digitally ...APPELLANT
signed by
GAYATHRI N
(BY SRI. BOPANNA B, ADVOCATE)
Location:
HIGH COURT
OF AND:
KARNATAKA
SRI SOMASHEKAR P
S/O LATE PADMANARAYANA N
AGED ABOUT 44 YEARS
R/AT NO.15/A,4TH CROSS,
SHIVANANDA NAGAR, NAGARBHAVI,
BENGALURU - 560 072
PRESENTLY R/AT:
NO.18/1,GROUND FLOOR,
RANGAPPA STREET,
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MFA No. 2870 of 2019
CHIKKAMAVALLI,
BENGALURU - 560 004
...RESPONDENT
(BY SMT. MELANIE SEBASTIAN, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURTS ACT, PRAYING TO a) SET ASIDE THE JUDGMENT AND
DECREE DATED 27/02/2019 IN M.C.NO.4681/2014 ON THE
FILE OF I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT
BENGALURU; b) REMAND THE MATTER IN M.C.NO.4681/2014
TO THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT
BENGALURU AND PERMIT THE APPELLANT TO DEFEND THE
CASE; c) PASS SUCH OTHER ORDERS THAT THIS HON'BLE
COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF
THE CASE BY ALLOWING THIS APPEAL WITH COSTS IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
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MFA No. 2870 of 2019
JUDGMENT
Sri.Bopanna B., learned counsel for the appellant and
the appellant are present.
Smt.Melanie Sebastian, learned counsel for the
respondent and respondent are present.
This appeal under Section 19(1) of the Family Court
Act, 1984 has been filed against the judgment and decree
dated 27.02.2019 passed by the Family Court by which
the petition filed by the appellant/husband seeking
dissolution of marriage has been dismissed .
2. Learned counsel for the parties have submitted
that the dispute between the parties have been amicably
settled. In this connection, they have invited the attention
of this Court to compromise petition.
3. The terms and conditions of the compromise
petition read as under:
MFA No. 2870 of 2019
6. TERMS AND CONDITIONS:
(a) In pursuance of the settlement, both
parties have agreed to put an end to all the
litigations pending between them.
(b) In pursuance of the settlement, the
appellant-wife and the respondent-husband have
agreed to put an end to the marital life by
dissolving their marriage solemnized on
05.11.2008, as their marriage has irretrievably
broken and there are no chances of
reconciliation.
(c) The appellant-wife and the respondent-
husband have agreed that the child Nayana shall
be in the custody of appellant-wife.
(d) Alimony:
The respondent-husband has agreed to pay a
sum of Rs.10,00,000/- (Ten Lakhs) only towards
permanent alimony for the maintenance of
appellant-wife and the child-Nayana and the
same is paid by way of DD/Banker's Cheque
bearing No.111686 dated 23.03.2023,
Visweshwarapuram branch, Bengaluru in the
name of appellant herein, towards the
maintenance of the Appellant and the minor child
MFA No. 2870 of 2019
Nayana. The appellant being the custodian of
the child Nayana is at liberty to utilize the
maintenance amount of Rs.10,00,000/- (Rupees
Ten Lakhs only) judiciously and in the best
interest of herself and the child. The receipt of
the said sum of Rs.10,00,000/- (Rupees Ten
Lakhs only) paid to the appellant in the aforesaid
manner is hereby acknowledged by the
appellant.
(e) Visitation:
The physical custody of the child Nayana, shall
be remain with the Appellant and the
Respondent shall be given visiting rights, the
visitation rights are mutually agreed as under:
i) It is mutually agreed that the Respondent
shall visit the child every Second and
Fourth Sunday between 11.00 am and 4.00
pm.
ii) It is mutually agreed that both the parties
shall maintain peace and harmony during
visiting hours to ensure that the visitation
hours are well spend.
iii) It is further mutually agreed that visitations
will be subject to the consent of the child
MFA No. 2870 of 2019
and force shall not be exercised if the child
is unwilling for visitation.
(f) The appellant has agreed to co-operate in
getting the Criminal Case against the respondent
in C.C.No.16192/2016 which is pending on the
file of Additional Chief Metropolitan Magistrate at
Bengaluru closed / quashed.
(g) The Appellant and the Respondent mutually
agree that there are no articles to be exchanged
between them.
(h) In view of the settlement, both the
Appellant and respondent hereby withdraw all
the allegations made against each other and
have agreed for dissolving the marriage by
mutual consent.
(i) The Appellant and the Respondent have
mutually agreed not to interfere with each
other's life and cause any kind of harm damaging
respect/reputation of each other at any point in
time.
(j) The Appellant and the Respondent have
mutually agreed to the above terms out of their
own free will and there is no coercion, force and
undue influence in arriving at the settlement.
MFA No. 2870 of 2019
(k) It is agreed that apart from the permanent
alimony being paid to the appellant, there shall
be no claims whatsoever by the appellant against
the respondent either past, present or future.
Further there shall be no mutual claims of
whatsoever nature between the appellant and
the respondent from the date of entering into
this compromise.
In view of the aforesaid compromise arrived at
between the parties, the marriage performed between
them is dissolved by a decree of divorce and appeal filed
by the appellant is disposed of in the aforesaid
compromise.
Sd/-
JUDGE
Sd/-
JUDGE
MDS
