Karnataka High Court

Smt. H. R. Shubhashree vs Sri. Rakesh. H. M on 26 July, 2024

Author: K.Somashekar

Bench: K.Somashekar

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                                                NC: 2024:KHC:29574-DB
                                                 MFA No. 137 of 2023




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 26TH DAY OF JULY, 2024

                                    PRESENT
                     THE HON'BLE MR JUSTICE K.SOMASHEKAR
                                       AND
                 THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
               MISCELLANEOUS FIRST APPEAL NO. 137 OF 2023 (FC)

              BETWEEN:
                 SMT. H.R. SHUBHASHREE
                 AGED ABOUT 34 YEARS
                 W/O RAKESH H M
                 RESIDING AT NO.136
                 6TH CROSS, SAPTHAGIRI LAYOUT
                 DODDABEDREKALLU
                 NAGASANDRA POST
                 BANGALORE-560 073.
                                                         ...APPELLANT
Digitally     (BY SRI. PRAVEEN G - ADVOCATE)
signed by
YAMUNA K L AND:
Location:
High Court of
Karnataka         SRI. RAKESH H.M.,
                 AGED ABOUT 39 YEARS
                 S/O H.S. NAGABHUSHANA
                 NEAR SHIVA TEMPLE
                 ARALI KATTE
                 Y.N. HOSKOTE TOWN
                 PAVAGADA TALUK
                 TUMKUR DISTRICT.
                 ALSO AT:
                 ABB LIMITED
                 EMPLOYEE NO. 40017980
                 PLOT NO 4A, 5 AND 6
                 2ND MAIN ROAD
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                                      NC: 2024:KHC:29574-DB
                                       MFA No. 137 of 2023




    2ND STAGE
    PEENYA INDUSTRIAL AREA
    IV-PHASE, PEENYA
    BANGALORE-560 058.
                                               ...RESPONDENT
(BY SRI. MAHESH A.S., ADVOCATE FOR
    SRI. ANAND MUTTALLI., ADVOCATE)

     THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT
AGAINST THE JUDGMENT AND DECREE DATED 01.10.2022
PASSED IN MC NO.4502/2018          ON THE FILE OF THE VI
ADDITIONAL   PRL.   JUDGE,   FAMILY   COURT,    BENGALURU,
PARTLY ALLOWING THE PETITION FILED UNDER SECTION
13(1)(i-a). 13(1)(i-b) AND (1A)    OF THE HINDU MARRIAGE
ACT, 1955.

     THIS MFA, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE K.SOMASHEKAR
          and
          HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA


                    ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

This appeal is directed against the Judgment and

Decree rendered by the Court of VI Addl. Principal Judge,

Family Court at Bengaluru in M.C.No.4502/2018 dated 1st

October 2022.

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2. The respondent who is petitioner-husband before

the Family Court had initiated 13(1)(i-a) and (1-A)

proceedings under the Hindu Marriage Act, 1955 for a

decree of dissolution of his marriage with respondent-wife

before the Family Court. Consequently, the M.C. petition

was allowed in part and the marriage between the

petitioner and respondent solemnised on 28.02.2013 at

Padmavathi Klayana Mantapa, Rajajinagara, Bengaluru,

was dissolved by granting a decree of divorce.

3. Learned counsel Sri.Praveen.G appearing for the

appellant and learned counsel Sri.Mahesh.A.S. appearing

on behalf of Sri.Anand Muttalli, who is the counsel for

respondent on record, submits that the respondent-

husband, viz. Rakesh.H.M is presently residing abroad,

i.e., Dubai. Whereas appellant, viz., Smt. H. R.

Shubhashree is present before the Court physically.

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4. This matter was referred to the Karnataka Mediation

Centre at Bengaluru for resolution of the dispute between

the parties.

5. During the course of mediation, both the parties have

agreed before the Karnataka Mediation Centre that the

marriage between the parties has irretrievably broken

down and in spite of the intervention of elders and well-

wishers and their best efforts, the parties could not

reconcile their differences and there is no chance of their

reconciling and leading a happy married life together. In

para No.3 of the mediation report, it is stated that the

appellant and respondent were married on 28.02.2013 at

Sri.Padmavathi Kalyana Mantapa, Rajajinagar, Bengaluru

as per Hindu rites and customs. The respondent has

consented for divorce. Both the parties agree that they

have a daughter born out of their wedlock, now aged

about 9 years and that the permanent and sole custody of

the minor daughter will be will the appellant/mother.

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6. Both the parties have entered into a settlement

dated 29.06.2024 before the Karnataka Mediation Centre,

subject to the following conditions:

a) Both the parties agree that they have a daughter born to them from their wedlock to each other by name Parichitha H. R., born on 04.12.2015, now aged about 9 years. The permanent and sole custody of the minor daughter will be with the appellant/mother.

b) In view of the present settlement arrived at between the parties, the respondent/husband has agreed to transfer by way of RTGS a sum of Rs.25,00,000/- (Rupees Twenty Five Lakh Only) on or before 22.07.2024 in the name of Appellant/wife. The Appellant undertakes to thereafter o open a FD account in the name of the minor child Parichitha H. R. and deposit said amount of Rs.25,00,000/- (Rupees Twenty Five Lakh Only) by way of Fixed Deposit.

c) The interest accrued from such deposit may be used by the Appellant/mother to meet the expenses of their daughter. The said FD may be broken on the daughter on attaining the age of 21 years. The Appellant/mother shall produce the said Fixed Deposit Receipt before the Hon'ble Court on or before 30.07.2024.

d) In view of the settlement arrived at in the present appeal the appellant hereby undertakes to withdraw the Crl. Misc. 131/2023 filed by her seeking maintenance, pending before the VI Additional Principal Judge, Family Court, Bengaluru and Crl. Misc. 189/2024, pending before Principal Judge, Family Court, Bengaluru seeking transfer of Crl. Misc. 131/2023.

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e) In view of the above settlement agreement, both the parties shall not have any claims to permanent alimony/maintenance against each other, as both are gainfully employed.

f) Apart from the above, both the parties shall not have any claims of whatsoever nature against each other including moveable or immoveable properties belonging to each other either past, present or future.

g) Both the parties state that they have already exchanged all their belongings and have no further claims against each other.

h) Both the parties hereby withdraw all allegations made against each other.

i) Both the parties shall not interfere with each other's life in any manner whatsoever, in future. The Respondent husband undertakes not to interfere in the upbringing of the child.

7. The mediation report of the Karnataka Mediation

Centre dated 29.06.2024 is taken on record. The

mediation report along with relevant documents are

perused.

8. Learned counsel for the appellant has filed a memo

dated 26.07.2024 in the Court.

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9. Recording the terms and conditions in the mediation

report referred to above, in terms of the settlement

arrived at between the petitioner and respondent, the

Judgment and Decree dated 01.01.2022 passed by the VI

Addl. Principal Family Judge, Bengaluru in