Smt. Nagamani @ Geetha M.K vs Sri. Ramu V
2023 Latest Caselaw 6504 Kant

Citation : 2023 Latest Caselaw 6504 Kant
Judgement Date : 13 September, 2023

Karnataka High Court

Smt. Nagamani @ Geetha M.K vs Sri. Ramu V on 13 September, 2023

Bench: G.Narendar, Vijaykumar A Patil

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                                              NC: 2023:KHC:33253-DB
                                                 MFA No.5667 of 2022




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                  DATED THIS THE 13TH DAY OF SEPTEMBER, 2023
                                    PRESENT
                     THE HON'BLE MR. JUSTICE G.NARENDAR
                                       AND
                  THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
             MISCELLANEOUS FIRST APPEAL NO.5667 OF 2022 (FC)
            BETWEEN:

            1.    SMT. NAGAMANI @ GEETHA M.K.
                  D/O KEMPEGOWDA
                  AGED ABOUT 32 YEARS
                  MENASIGANAHALLI VILLAGE
Digitally         VIRUPAKSHPURA HOBLI
signed by
RUPA V            CHANNAPATNA TALUK
                  RAMANAGARA DIST 562138.
Location:
HIGH                                                      ...APPELLANT
COURT OF    (BY SRI. B.M. LOKESH, ADV.,)
KARNATAKA
            AND:

            1.    SRI. RAMU .V
                  S/O LATE VENKATESH
                  AGED ABOUT 37 YEARSA
                  NO.35, 7TH A CROSS
                  CHANNAMAM TEMPLE ROAD OPP
                  FCI, VIJINAPURA, NAEAR GULSON
                  ENTERPRISES, SHESHAPPA LAYOUT
                  DODORAVANINAGARA, BENGALURU 560016
                                                    ...RESPONDENT
            (BY SRI. RANGASWAMY M.T. ADV.,)
                 THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT
            AGAINST THE JUDGMENT AND DECREE DATED 30.11.2021
            PASSED IN MC NO.6475/2019 ON THE FILE OF THE PRL.
            JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE
            PETITION FILED UNDER SECTION 13(1)(ia) AND (ib) OF THE
            HINDU MARRIAGE ACT, 1955.
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                                  NC: 2023:KHC:33253-DB
                                     MFA No.5667 of 2022




    THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
VIJAYKUMAR A. PATIL J., DELIVERED THE FOLLOWING:

                          JUDGMENT

This appeal is filed under Section 19(1) of the Family

Courts Act, 1984 against the judgment dated 30.11.2021

passed in M.C.No.6475/2019 by the Principal Judge,

Family Court, Bengaluru, (hereinafter referred to as, 'the

Family Court') by which the petition filed by the

respondent - husband under Section 13(1)(ia) & (ib) of the

Hindu Marriage Act, 1955 seeking dissolution of marriage

on the ground of cruelty and desertion was allowed.

2. This Court vide order dated 27.01.2023 has

referred the dispute to Bengaluru Mediation Centre for

exploring the possibility of amicable settlement. The

Bengaluru Mediation Centre has reported stating that both

the parties failed to appear for follow up, hence, the

matter was not settled.

3. Learned counsel for the appellant and the

learned counsel for the respondent submit that at the

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intervention of elders and well-wishers, the appellant-wife

and the respondent-husband, in the conciliation, have

arrived at an amicable settlement of the dispute and

accordingly they have filed a joint memo.

3. The terms of the joint memo read as under:

"a) The Appellant agreed to receive total permanent alimony of Rs.11,00,000/- (Rupees Eleven Lakhs Only) from the respondent as full and final settlement and the appellant gave the consent for divorce judgment passed by the Prl Family Court at Bangalore in MC No.6475/2019 dated 30-11-2021 and the appellant already received Rs.2,00,000/- (Rupees Two Lakhs Only) the part of permanent alimony by way of DD No.046902 from the respondent, today the appellant received the amount of Rs.4,00,000/- (Rupees Four Lakhs only) by way of DD No.015042, dated 10-08-2023 drawn on HDFC Bank, B Narayanapura, Bangalore-560016.

b) The appellant also filed the case before the Prl. Civil Judge and JMFC at Chennapattana in Crl.Misc.No.564/2023 seeking maintenance on her behalf and also on behalf of the her daughter Kum. Kushika, in view of the settlement arrived between the appellant and respondent the appellant agreed to withdraw the said case, while withdrawing the said case by the appellant the respondent agreed to give Rs.5,00,000/- (Rupees Five Lakhs Only) in favour of the appellant by way of DD before the Hon'ble Prl. Civil Judge and JMFC at

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Chennapattana, the said amount as full and final settlement.

c) The appellant and respondent hereby withdraw the allegations made each other in the cases and they are voluntarily entered in to above compromise without any force or fear, the present settlement is full and final settlement and the same is without any compulsion and out of free will and volition and that both the parties undertake not to initiate any further proceedings each other for what so ever reasons.

Wherefore this Hon'ble Court be pleased to permit the appellant and respondent to compromise the above case and dispose of the above appeal in terms of compromise as per this joint memo in the interest of justice and equity."

4. We have gone through the terms of the joint

memo, they are not opposed to public policy and 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 the compromise on their own volition, they have

understood the terms of the joint memo and they have

affixed their signature.

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5. The joint memo is placed on record.

6. The appeal is disposed of in terms of the joint