Karnataka High Court
Sri. Harish C Shetty vs Smt. Jayashree Harish Shetty on 3 January, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:306-DB
MFA No. 1678 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
MISCELLANEOUS FIRST APPEAL NO. 1678 OF 2018 (FC)
BETWEEN:
1. SRI. HARISH C SHETTY,
S/O LATE CHANDAPPA,
AGED ABOUT 68 YEARS,
SITE NO 11, 6TH CROSS,
AMARAPRIYA APRTMENT,
NO.2, AMARJYOTHINAGAR,
NEAR SHOBHA HOSPITAL,
VIJAYANAGAR,
BENGALURU - 560040
...APPELLANT
Digitally signed by D
HEMA (BY SRI. M.B. CHANDRACHOODA, ADVOCATE)
Location: HIGH COURT
OF KARNATAKA
AND:
1. SMT. JAYASHREE HARISH SHETTY
W/O HARISH C. SHETTY,
AGED 59 YEARS,
ZARI SPAAND BEAUTY CENTRE,
NMC POST BOX NO.6222,
ABUDHABI, U.A.E.
...RESPONDENT
(BY SRI. RAJESH RAO K., ADVOCATE)
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MFA No. 1678 of 2018
THIS MFA IS FILED UNDER SECTION 19(1) OF
FAMILY COURT ACT, 1984, AGAINST THE JUDGMENT AND
DECREE DATED 01.01.2018 PASSED IN M.C.NO.3512 OF
2010 ON THE FILE OF THE II ADDITIONAL PRINCIPAL
JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE
PETITION FILED UNDER SECTION 13(1)(i)(ib) OF THE
HINDU MARRIAGE ACT, FOR DISSOLUTION OF MARRIAGE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR J., DELIVERED THE FOLLOWING:
JUDGMENT
The appeal is filed by the appellant, challenging the
trial Court order, dismissing the petition filed by the
appellant, seeking dissolution of their marriage, in
M.C.No.3512/2010 passed by the II Additional Principal
Judge, Family Court at Bengaluru, vide order dated
01.01.2018, whereas the Trial Court rejecting the prayer,
dismissing the petition, the appellant approached the
Court.
2. Sri. M.B. Chandrachooda, learned counsel for the
appellant and Sri. Rajesh Rao K, learned counsel for
respondent have identified them i.e., Sri. Harish C. Shetty
- appellant and Smt. Jayashree Harish Shetty -
respondent are present before the Court.
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3. Where as the appellant - Husband and respondent -
Wife are Hindus by religion and their marriage was
performed on 22.09.1988 at Bhuvanendhra Kalyana
Mantapa, Udupi and out of the wedlock they were blessed
with two female children and they are all now married and
living in their matrimonial home.
4. They have filed a joint memo for having amicably
settled the dispute between the appellant and the
respondent. The petitioner-husband has agreed to pay a
sum of Rupees Twenty Four Lakhs to the respondent-Wife
by way of Demand Draft and the said Demand Draft is
handed over to the respondent-Wife at the time of
reporting the settlement before this Hon'ble High Court
and for which the respondent-wife has also acknowledged
for the receipt of the same.
5. After due consideration of all the aspects, both the
parties have mutually agreed and decided to settle their
disputes and litigation by making this consent terms.
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6. The parties to this indenture herein shall proceed to
settle all their pending litigation on terms and conditions
agreed upon by both the parties and to get their marriage
dissolved in following manner within a period of 02 (two)
months from date of filing the consent terms in the
following manner:
a. Both the parties agree to file petition by mutual
consent divorce under of the Hindu Marriage Act, 1955
seeking Decree of Divorce on the fulfillment of the
terms and condition as mutually agreed in this Consent
Terms and same shall be treated as the consent terms
of their mutual divorce Petition
b. That an amount of Rs. 23,00,000/- (Rupees
Twenty-Three Lakhs Only) was agreed and consented
to be paid by the Appellant to the Respondent as full
and final lumpsum for past, present and future
maintenance/alimony for Respondent and children
Vamsha and Vraksha by way of demand draft drawn on
ICICI BANK and the said Demand Draft shall be handed
over to the Respondent after the Divorce Decree,
before this Hon'ble High Court.
c. It is also agreed by both the parties in the Joint
Memorandum that the Respondent will release her title
property share of 50% to the Appellant. The said below
property was purchased jointly through a registered
sale deed wide dated as on 05-08-1996 in the sub
registered office. Srirampur, Bengaluru. It has 2 floor
apartment bearing Site No. 11. 6th cross, flat No. S-1,
2nd Floor. Amarapriya Apartment No.2 Amarjyothi
nagara. Vijayanagar, Bengaluru-560040, consisting 2-
bedroom, Hall, 1 Kitchen, 2 Bathrooms, 3 Balconies
and a basement car parking. It is an Apartment
measuring 1083 Sq. Ft bounded and the Undivided
land 536 Square Feet.
d. Whereas it is agreed that the Respondent here by
admits and acknowledges by convey, transfer, sell,
grant and assign that free from all encumbrances, with
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all estate, right, title, claim and demand of the
Respondent to Hold and to Enjoy the same by the
Appellant absolutely and forever.
e. It is further clarified that the Respondent has offered
to relinquish her 50% of undivided land, title, and
interest over the said properties in favour of
Appellant/named Mr. Harish C Shetty.
f.It is also agreed by both parties that in future none of
the parties shall thereafter ever demand any amount
as and by way of claim of compensation and/or
remittance or of whatsoever nature in future.
g. It is further submitted that since the Appellant and
the Respondent have come towards the end of their
disputes and Appellant also agreed to return her
Stridhan, received in marriage etc, as mentioned below
and the Respondent acknowledges the same also
accepts and undertakes that she and her family
members shall have no claims of whatsoever nature on
Appellant or on any of the family members.
I. Gold Lakshmi necklace - 01 No
II. Gold Bangles thicker - 01 Pair
III. Gold Ear Ring with 11 white stones - 01 Pair
IV. Gold Plain Finger Rings - 04 Nos
V. Gold Red stone necklace - 01 No
VI. Gold Finger Ring with red stone - 01 No
VII. Gold Ear Ring with red stone - 01 Pair.
7. It is further mutually agreed amongst both the Parties
that the compliance of all the terms as mentioned in the clause
are binding to both the parties and neither of the party shall
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breach the terms as agreed in the present deed and undertake
before this Hon'ble Court that they shall comply to all the terms
as agreed, any breach shall be considered as the contempt of
this Hon'ble Court.
8. It is also agreed that apart from the said give and takes &
also compliance of all the terms as mentioned in clauses above
both the Parties shall have no claims of whatsoever nature
against each other during their life time.
9. The Parties herein confirm and state that apart from
terms agreed above both the Parties shall have no claim in
respect of any other moveable and/or immovable property
(including ancestral property) of each other and they will not
raise any claim or dispute of whatsoever nature in respect of it.
10. The appellant and respondent being the parties herein
undertake that after obtaining the divorce decree, neither the
Respondent nor the Appellant or their next of kins shall ever
claim/file cases/complaints, of whatsoever nature, against each
other in respect of these consent terms.
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11. Both the parties hereby agree and declare that after the
divorce, both the parties herein shall be free to live
independently.
12. Both the parties also affirm that they shall never
obstruet each other's way and also shall not demean, insult or
defame each other in public on the basis of the present
settlement.
13. Both the parties shall not upload/misuse any of the
photographs/video clips etc. of each other on any public/social
media web sites etc.
14. Both the Parties hereby state that they have arrived at
these consent terms voluntarily and without any force, coercion
and undue influence from any person, after all their efforts to
stay as husband and wife had failed.
15. Both the parties have gone through the said consent
terms and have understood well and have no collusion or
connivance in signing this Compromise deed.
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16. The parties hereto, hereby covenant with each other that
they shall comply with and accept this settlement and Consent
terms in toto. The terms and conditions of this indenture are
irrevocable and conclusively binding upon the parties hereto
and their respective heirs, executors, administrators and
assigns forever and permanently.
17. Both the parties herein assure that the entire process of
settlement shall be concluded by obtaining a decree of divorce
upon compliance of all the terms & conditions.
18. This present deed is made in duplicate so that each party
has an original copy of this deed.
19. Taking into consideration of the above said facts and
circumstance of the case, it is a fit case to allow the appeal
and permit the parties to settle their disputes amicably as
entered into.
20. In the light of the settlement arrived at between the
parties, the judgment and decree dated 01.01.2018 in
M.C.No.3512/2010 passed by II Additional Principal Judge,
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Family Court, Bengaluru is set aside and marriage
between appellant and respondent is dissolved.
21. With the above observations, the joint memo filed by
the petitioner/husband and respondent/wife is taken on
record and the present appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
AG,
