Karnataka High Court
Smt B M Sunitha vs Sri. Naveen Kumar B V on 25 October, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:43118-DB
MFA No. 4356 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
MISCELLANEOUS FIRST APPEAL NO. 4356 OF 2021 (FC)
BETWEEN:
SMT. B M SUNITHA
AGED ABOUT 31 YEARS
W/O SRI NAVEEN KUMAR B V
D/O SRI MUNIREDDY
R/AT NO.199, 7TH CROSS
BELLANDURU VILLAGE
BENGALURU EAST TALUK
Digitally signed BENGALURU-560103.
by SUMATHY ...APPELLANT
KANNAN
(BY SRI. SURESH S - ADVOCATE)
Location: High
Court of
Karnataka AND:
SRI. NAVEEN KUMAR B V
AGED ABOUT 36 YEARS
S/O SRI VENUGOPAL REDDY
R/AT NO.200, 8TH CROSS
BELLANDURU VILLAGE
BENGALURU EAST TALUK
BENGALURU-560 103.
...RESPONDENT
(BY SRI. SANATH KUMAR SHETTY K - ADVOCATE)
THIS MFA FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT R/W 28(1) OF HINDU MARRIAGE ACT, PRAYING TO
SET ASIDE THE IMPUGNED JUDGMENT AND DECREE
DT.20.04.2021 PASSED IN MC NO.2648/2018 ON THE FILE OF
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NC: 2024:KHC:43118-DB
MFA No. 4356 of 2021
THE IV-ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU, BY ALLOWING THIS APPEAL.
THIS MFA, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR
AND
HON'BLE MR JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
This appeal is directed against the judgment and
decree rendered by the Court below in MC No.2648/2018
dated 20.04.2021 allowing the petition filed under Section
13(1)(ia) of the Hindu Marriage Act, 1955 by urging
various grounds.
2. Learned counsel for the appellant Sri Suresh S for
the appellant and learned counsel Sri Sanath Kumar
Shetty K for the respondent are present before the Court
physically inclusive of appellant namely Smt.B.M.Sunitha
and respondent namely Sri Naveen Kumar B.V.
3. Counsel for the appellant has filed a memo
seeking withdrawal of the appeal. In the memo it is stated
that the dispute between the appellant and respondent is
NC: 2024:KHC:43118-DB
amicably settled. The appellant has received a sum of
Rs.35,00,000/- (Rupees thirty five lakhs only) by way of
cheque bearing No.582836 dated 25.10.2024 drawn on
Karnataka Bank Ltd, Bellanduru Branch, Bengaluru issued
by the respondent towards full and final settlement of the
matrimonial claims. The appellant has no objection to
confirm the decree of divorce granted by the Family Court,
Bengaluru.
4. In the meanwhile of recording the status of the
appeal, counsel for the appellant files another memo dated
25.10.2024 indicating that a sum of Rs.10,00,000/-
(Rupees ten lakhs only) in the form of cheques bearing
No.582837 and 582838 for a sum of Rs.5,00,000/- each
towards permanent alimony in addition to Rs.35,00,000/-
(Rupees thirty five lakhs) has been handed over to the
appellant namely Smt.B.M.Sunitha by the respondent
namely Sri Naveen Kumar B.V. The same may be taken
on record and to dispose the present appeal.
5. Appellant acknowledges the receipt of the
aforesaid cheques totaling to a sum of Rs.45,00,000/-
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(Rupees forty five lakhs only) from the respondent in the
presence of the counsel for the parties. The settlement
arrived between the parties is towards full and final
settlement of the matrimonial dispute.
Accordingly, the memos are taken on record. In
terms of the memos filed by the counsel for the appellant,
this appeal is dismissed as withdrawn.
Sd/-
(K.SOMASHEKAR)
JUDGE
Sd/-
(RAJESH RAI K)
JUDGE
DKB
