Karnataka High Court
Smt. Lakshmi @ A Meena vs Sri Naresh Kumar H N on 4 October, 2023
Bench: G.Narendar, Vijaykumar A Patil
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NC: 2023:KHC:35817-DB
MFA No.3396 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.3396 OF 2020 (MC)
BETWEEN:
1. SMT. LAKSHMI @ A MEENA
W/O NARESH KUMAR H.N.
D/O A.M. ANJINAPPA
AGED ABOUT 30 YEARS
R/O AGALAGURKI VILLAGE
Digitally signed CHICKKABALLAPUR TALUK
by RUPA V CHICKBALLAPUR DISTRICT-562103.
Location: HIGH ...APPELLANT
COURT OF
KARNATAKA (BY SRI. JAI PRAKASH REDDY M, ADV.,)
AND:
1. SRI. NARESH KUMAR H.N.
S/O H. NARASIMHA REDDY
AGED ABOUT 32 YEARS
R/O HALEGUDIBANDE
GUDIBANDE TALUK
CHICKBALLAPUR DISTRICT-563159.
...RESPONDENT
(BY SRI. G.A. VISHWANATH REDDY, ADV., FOR C/R)
THIS MFA IS FILED U/S 28(1) OF HINDU MARRIAGE ACT
AGAINST THE JUDGMENT AND DECREE DATED 04.01.2020
PASSED IN MC NO.106/2017 ON THE FILE OF THE SENIOR
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MFA No.3396 of 2020
CIVIL JUDGE, GUDIBANDE, ALLOWING THE PETITION FILED
UNDER SECTION 13(1)(ia) OF HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
VIJAYKUMAR A. PATIL DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed under Section 28(1) of the Hindu
Marriage Act, 1955 against the judgment dated
04.01.2020 passed in M.C.No.106/2017 by the Sr. Civil
Judge at Gudibande, (hereinafter referred to as 'the Family
Court') by which the petition filed by the respondent -
husband under Section 13(1)(ia) of the Hindu Marriage Act
seeking for decree of divorce on the ground of cruelty was
allowed.
2. This Court, vide order dated 13.03.2023, on the
request of the parties to the appeal, has referred the
matter to the Bangalore Mediation Centre for exploring the
possibility of amicable settlement. The Bangalore
Mediation Centre has forwarded the memorandum of
agreement under Section 89 of the Code of Civil
Procedure, 1908 reporting settlement of the matter.
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MFA No.3396 of 2020
3. Learned counsel for the appellant and the learned
counsel for the respondent submit that the parties have
settled their dispute amicably before the Bangalore
Mediation Centre. It is submitted that the Bangalore
Mediation Centre has recorded the terms of settlement as
agreed between the parties. The terms of agreement read
as under:
"1. The appellant and respondent state that
their marriage was solemnized on 21.08.2016
at Harshodaya Kalyana Mantapa, B.B. Road,
Chickballapur, as per Hindu rites and customs.
2. Both parties state that they have no
children born to them from their wedlock.
3. Due to incompatibility, misunderstanding
and differences in opinion they have been
living separately from April 2017. In view of
this settlement, both the parties have agreed
to put an end to their marital relationship and
get separated permanently by a decree of
divorce.
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MFA No.3396 of 2020
4. The respondent has agreed to pay a sum of
Rs.12,00,000/- (Rupees Twelve Lakhs Only) to
the appellant towards all her claims of
maintenance/permanent alimony as full and
final settlement as follows:-
a) A sum of Rs.6,00,000/- (Rupees Six
Lakh Only) by way of Demand Draft bearing
No.000953, dated 28.97.2023, drawn on
the Kolar and Chikballapura District Co-
operative Central Bank Ltd., Kolar,
Gudibanda Branch, Chikballapura;
b) A sum of Rs.5,00,000/- (Rupees Five
Lakh Only) by way of Demand Draft bearing
No.000954, dated 28.07.2023, drawn on
the Kolar and Chikballapur District Co-
Operative Central Bank Ltd., Kolar,
Gudibanda Branch, Chikballapura; and
c) Remaining sum of Rs.1,00,000/-
(Rupees One Lakh Only) before this Hon'ble
Court.
The aforesaid demand drafts and cash will
be handed over to the appellant before the
Hon'ble Court at the time of reporting this
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MFA No.3396 of 2020
settlement. The appellant agrees for the
same.
5. In view of this settlement agreement the
appellant has agreed to withdraw
Crl.Misc.No.10/2022 pending before the Prl.
Judge, Family Court, Chickballapura within two
weeks from the date of signing of this
settlement agreement in Mediation.
6. Both the petitioner and the respondent
state that they have no claims over the
movable or immovable properties either
existing or to be acquired in future.
7. The parties state that they have already
exchanged their articles such as gold and
other valuables and as such there are no dues
in this regard.
8. Both the parties agree that they have no
other claim of whatsoever manner against
each other either past, present or future.
9. Both the parties herein state that there is
no undue influence, force or coercion in
entering into this agreement from any one or
anything.
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MFA No.3396 of 2020
10. Both the parties admit that they shall not
interfere in each other's live in future."
4. We have gone through the terms of the
agreement arrived at between the parties, they are not
opposed to public policy nor opposed to law. The learned
counsels for the parties respectively identify the appellant-
wife and the respondent-husband, who are present before
the Court. The parties to the proceedings express that
they have entered into the compromise before the
Bangalore Meditation Centre on their own volition, they
have understood the terms of the compromise and they
have affixed their signature. The memorandum of
agreement is placed on record.
5. The appeal is disposed of in terms of the
memorandum of agreement by dissolving the marriage
solemnized between the appellant and the respondent on
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MFA No.3396 of 2020
21.08.2006 at Harshodaya Kalyana Mantapa, B.B.Road,
Chickballapur.
6. Registry is directed to draw the decree
accordingly.
7. No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
RV
