Karnataka High Court
Mrs. Divya Bhanadri vs Mr. Amar Y on 11 November, 2024
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NC: 2024:KHC:45564-DB
MFA No. 8455 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
MISCELLANEOUS FIRST APPEAL NO. 8455 OF 2022 (FC)
BETWEEN:
MRS. DIVYA BHANADRI,
D/O BALAKRISHNA BHANADRI,
C/O GOPAL K.M,
AGED ABOUT 30 YEARS,
R/AT KHAIN SECRENITY BUILDING,
NO.2, CHANDU MAIDAN ROAD,
MANIPAL -576 101.
...APPELLANT
(BY SRI. SUYOG HERELE E., ADVOCATE)
AND:
MR. AMAR Y,
Digitally signed by KORLAHALLI
S/O B.T YOMAKESH,
BHARATHIDEVIKRISHNACHARYA
Location: HIGH COURT OF
KARNATAKA
AGED ABOUT 31 YEARS,
HOUSE NO.4,
LAKSHMIVENKATESHWARA,
BANK COLONY,
NEAR SAI SARASWATHI,
VIDHYAMANDIRA,
MYSORE - 570 026.
...RESPONDENT
(BY SRI. ARUN ASHOK GADAG, ADVOCATE)
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NC: 2024:KHC:45564-DB
MFA No. 8455 of 2022
THIS MFA IS FILED UNDER SECTION 19(1) FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE
DT.28.07.2022 PASSED IN MC NO.725/2021 ON THE FILE OF
THE PRL. JUDGE, FAMILY COURT, MYSURU, ALLOWING THE
PETITION FILED U/S.13(1)(ia) OF THE HINDU MARRIAGE ACT
IS TREATED AS A PETITION U/S.13(1)(ia) OF HINDU
MARRIAGE ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN
and
HON'BLE MR JUSTICE UMESH M ADIGA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)
Heard learned counsel appearing on either side.
2. An application under Order 23 Rule 3 read with
Section 3 of CPC is placed on record.
3. It is submitted by learned counsel appearing on
either side that the dispute between the parties have been
resolved and the terms of settlement are specifically
stated in the application.
NC: 2024:KHC:45564-DB
4. It is submitted that the respondent is present in
person and that the applicant is employed abroad and her
mother is duly authorized to represent her as her General
Power of Attorney holder on the basis of the General
Power of Attorney executed on 01.12.2022 which is also
available. It is submitted that pursuant to the settlement
entered into between the parties, the Demand Draft for an
amount of Rs.28,00,000/- (Rupees Twenty Eight Lakhs
only) is being handed over in Court today in favour of the
appellant by the respondent to the General Power of
Attorney holder of the appellant, who is her mother.
5. It is further submitted that the appellant has
agreed to withdraw the Crl.P.No.711/2022 filed before this
Court and agrees to fully cooperate in the closure of
C.C.No.2287/2023, which is filed as against the
respondent and is currently pending before the II
Additional Civil Judge (Junior Division) and JMFC, Udupi.
The lis and other terms of the settlement which are set
forth in the application filed by the parties are accepted.
NC: 2024:KHC:45564-DB
The appeal is disposed off in terms of the settlement
entered into between the parties.
6. We have also interacted with the parties, who
are present in person, who agrees that they are willing to
abide by the terms of settlement that is entered into. The
Demand Draft is handed over to the General Power of
Attorney holder, who is the mother of the appellant.
7. The appeal is accordingly decreed modifying the
decree of the family court in terms of the agreement
entered into between the parties, which is reduced to
writing in the application.
8. The decree shall be drawn up accordingly.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(UMESH M ADIGA)
JUDGE
AG
