Karnataka High Court
Smt R Sangeetha vs Sri B Raghavan on 14 September, 2023
Bench: G.Narendar, Vijaykumar A Patil
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NC: 2023:KHC:33431-DB
MFA No. 242 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH 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. 242 OF 2023 (FC)
BETWEEN:
SMT R SANGEETHA
W/O B RAGHAVAN
AGED ABOUT 46 YEARS,
HOUSEWIFE R/O NO.1
SHIVAPPA NAYAKA
EXTENSION, 60 FEET ROAD,
L G CIRCLE,
VINOBANAGARA
SHIVAMOGGA-577204.
...APPELLANT
Digitally (BY SRI SATISH DODDAMANI, SR. ADVOCATE FOR
signed by SRI. SAGAR B B., ADVOCATE)
RUPA V
Location:
HIGH COURT AND:
OF
KARNATAKA
1. SRI B RAGHAVAN
S/O BALASUBRAMANYA
AGED ABOUT 49 YEARS,
BUSINESSMAN
R/O NEW MARKET
K G F-563113
KOLAR DISTRICT.
...RESPONDENT
(BY SRI. JAGAN BABU, ADVOCATE)
-2-
NC: 2023:KHC:33431-DB
MFA No. 242 of 2023
THIS MFA FILED U/S. 19(1) FAMILY COURT ACT,
AGAINST THE JUDGMENT AND DECREE DT.01.12.2022 PASSED
IN MC NO.210/2022 ON THE FILE OF THE PRL. JUDGE, FAMILY
COURT, SHIVAMOGGA, DISMISSING THE PETITION FILED
U/S.13-1(i-a) AND (i-b) OF HINDU MARRIAGE ACT.
THIS APPEAL, COMING ON FOR HEARING, 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 01.12.2022
passed in M.C.No.210/2022 by the Family Court,
Shivamogga, (hereinafter referred to as, 'the Family
Court') by which the petition filed by the appellant - wife
under Section 13(1)(ia)(ib) of the Hindu Marriage Act,
1955 seeking dissolution of marriage on the ground of
cruelty and desertion was dismissed.
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MFA No. 242 of 2023
2. This Court vide order dated 29.08.2023 has
referred the matter to the Bangalore Mediation Centre for
amicable resolution of the dispute.
3. Learned counsel for the appellant and the learned
counsel for the respondent submit that the matter is
settled in the Bangalore Mediation Centre and the report is
placed before the Court.
4. The terms of the memorandum of agreement
entered between the parties before the Bangalore
Mediation Centre reads as under:
"1. The appellant and respondent state that
their marriage was solemnized on 05.06.1998
at Adi-Chunchanagiri Samudaya Bhavan,
Shivamogga as per Hindu rites and customs.
2. Due to incompatibility, misunderstanding
and differences in opinion they have been
living separately from 01.06.2017 in view of
this settlement, both the parties have agreed
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MFA No. 242 of 2023
to put an end to their marital relationship and
get separated permanently by a decree of
divorce.
3. Both parties state that our of their lawful
wedlock they are blessed with 2 daughters,
namely (1) Ms. Soundarya aged about 24
years and (2) Kumari Shreya aged about 14
years. The 1st daughter is studying in abroad
and the 2nd daughter is in the custody of
appellant/mother and continues to be so in
further, for which the respondent/father has
no objection. The appellant/mother has
accepted to grant visitation rights to the
respondent/father in respect of their 2nd
daughter and the details of which are as
follows:
a. The respondent/father is that liberty to
visit the above said 2nd daughter on
every alternate Sunday between the
hours 10 a.m to 1 p.m by giving prior
intimation to the appellant/mother.
b. The respondent/father is entitled to
have one week custody of the above said
2nd daughter during the school/college
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MFA No. 242 of 2023
summer vacation in a year, by giving
prior intimation to the appellant/mother.
Thus, the respondent / father has no
objection to grant permanent custody of
the above said 2nd daughter to the
appellant / mother.
4. Both parties state and agree that they have
no claims of maintenance/permanent alimony
against each other either past, present or in
future, as both of them are having
independent source of income for their
livelihood.
5. The parties herein state that they have no
claims over movable or immovable properties
belonging to each other either existing or to
be acquired or inherited at a later stage.
6. The parties state that they have already
exchanged their articles such as gold and
silver as such there are no dues in this
regard.
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MFA No. 242 of 2023
7. Both the parties agree that they have no
other claim of whatsoever manner against
each other either past, present or future.
8. Both the parties herein state that there is
no undue influence, force, or coercion in
entering into this agreement from any one or
anything.
9. Both the parties admit that they shall not
interfere in each other's lives in future."
4. We have gone through the terms of the settlement
entered into 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 the compromise on their own volition, they have
understood the terms of the compromise and they have
affixed their signature on the memorandum of settlement.
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MFA No. 242 of 2023
The memorandum of settlement dated 02.09.2023 is
placed on record.
The appeal is disposed of in terms of the
memorandum of settlement by confirming the dissolution
of marriage.
Registry is directed to draw the decree accordingly.
No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
RV
