Karnataka High Court
Sri Sanjay M Punjabi vs Smt Krishna S Punjabi on 2 August, 2018
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF AUGUST, 2018
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
W.P.NO.55892/2017 (GM-FC)
BETWEEN:
SRI. SANJAY M PUNJABI
S/O LATE MURALIDHAR T PUNJABI
AGED ABOUT 56 YEARS
R/AT "CELEBRATION"
GROUND FLOOR, NO.39/1
RAJ MANDIR, NORTH PARK
ROAD, KUMARA PARK WEST
BENGALURU-560001
... PETITIONER
(BY SRI.AMAR KUMAR T.S, ADVOCATE)
AND:
SMT. KRISHNA S PUNJABI
W/O SANJAY M PUNJABI
AGED ABOUT 52 YEARS
R/AT C/O SHOBHA MANI
NO.6, 3RD CROSS,
VASANTHANAGAR
BENGALURU-560052
PRESENTLY RESIDING AT:
NO.D2, IVY COTTAGE
#5/A, 2ND CROSS
N.P.ROAD,KAVAL BYRASANDRA
BENGALURU-560032.
... RESPONDENT
(BY SRI.R.B. SADASIVAPPA, ADVOCATE)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 30.10.2017 PASSED ON
IA.NO.2, BY THE PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU IN MC.NO.4072/2015 VIDE ANNEXURE-H
AND FURTHER BE PLEASED TO DISMISS THE
APPLICATION (I.A.NO.2) FILED BY THE RESPONDENT
UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner in M.C.No.4072/2015 questioning the correctness and legality of the order dated 30.10.2017 whereunder interlocutory application-I.A.No.2 filed by the respondent herein under Section 24 of the Hindu Marriage Act, 1955 for grant of interim maintenance of Rs.1 lakh per month came to be allowed in part by awarding an interim maintenance at Rs.25,000/- per month from the date of filing of I.A.No.2 i.e., 11.09.2015 till disposal of the petition.
2. Having noticed that this is a matrimonial dispute, both parties were directed to resolve the matter and Smt.Manjula Kamadolli, learned Advocate-cum- 3 Mediator was requested to mediate the said dispute. As such, she undertook the said exercise and reported the matter back to the Court stating that dispute has been resolved and parties would report settlement. Pursuant to same, a compromise petition under Order 23 Rule 23 CPC has been filed today by learned Advocates appearing for both the parties whereunder parties have resolved their pending disputes subject to the terms and conditions as stated thereunder and it reads:
"2. During the pendency of the Writ Petition, at the intervention of the Court, a Mediator was appointed to mediate upon the dispute. Upon mediation and intervention of the well-wishers, the parties have arrived at a compromise, the terms of which are as follows:
(i) The marriage of the Petitioner and Respondent was solemnized on 02.12.2001 at Gurudwara, Ulsoor Lake, Bengaluru and registered in the Office of Sub-Registrar, Shivajinagar as No.102/2002 dated 07.03.2002 shall stand annulled and dissolved.
(ii) The Petition shall pay the
respondent a sum of
Rs.57,50,000/- (Rupees Fifty
Seven Lakh Fifty Thousand only), as permanent alimony and in full 4 and final settlement of all claims, financial or otherwise.
(iii) The said sum of Rs.57,50,000/-
(Rupees Fifty Seven Lakh Fifty Thousand only) is paid as follows:
(a) Demand Draft bearing
number 303491 for
Rs.29,00,000/- (Rupees
Twenty Nine Lakh only)
drawn on State Bank of
India, Race Course Road
Branch, dated 01.08.2018.
(b) Demand Draft bearing
number 510794 for
Rs.27,00,000/- (Rupees
Twenty Seven Lakh only)
drawn on ICICI Bank,
Kumara Park Branch dated
01.08.2018.
(c) Rs.1,50,000/- (Rupees One
Lakh Fifty Thousand only) in
cash.
(iv) The Respondent shall withdraw
M.C.No.4072/2015 filed under
Section 13(1)(ia) & (ib) of Hindu Marriage Act, 1955, pending before the Principal Judge, Family Court at Bengaluru.
(v) The Petitioner shall withdraw M.C.No.4036/2015 filed under Section 13(1)(ia) & Section 13(1)(ib) of Hindu Marriage Act, 1955 pending before the Principal Judge, Family Court at Bengaluru.
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(vi) The Petitioner and the Respondent
withdraw all allegations made
against each other in their
respective petitions,
unconditionally.
(vii) The Respondent shall also
withdraw O.S.No.9595/2015,
pending before the City Civil
Judge, Bengaluru which is a suit filed by the Respondent's daughter, Ms.Bhakti against the Petition for partition, and in which the Respondent represents her daughter, the Plaintiff therein as the Power of Attorney Holder.
(viii) The Parties to this Compromise Petition agree that, no other proceedings shall be instituted against each other in any manner whatsoever.
(ix) The Parties to this Compromise
Petition acknowledge this
Compromise Petition on their
volition, without any undue
influence or duress."
3. Both parties are present before Court. Since identity of the parties had to be established, they were directed to appear before the Registrar (Computers) who was directed to examine the parties and file a report. 6 Accordingly, a report has been filed by the Registrar (Computers) and it reads:
"The writ petitioner and the respondent are present before me and they are duly identified by their Advocates. They also presented their Adhaar ID cards for verification, the copies of which are kept in the file.
On having conversation with the parties, they submit that they have amicably settled the matter and the respondent is ready to accept a permanent alimony of Rs.57,50,000/- and to withdraw the cases filed by her and her daughter. The alleged GPA executed by the daughter of respondent is not available in the file.
Hence, after ascertaining the receipt of Rs.57,50,000/- by the respondent, the compromise petition may be accepted and the MC No.4036/2015 and 4072/2015 before Prl.Judge, Family Court, Bangalore are ordered to be disposed off in terms of the compromise petition.
However, O.S.9595/2015 before City Civil Court, Bangalore may have to be dealt by that Court, as the plaintiff therein is not a party before the High Court."
In the light of said compromise petition having been arrived at between the parties and same also having 7 been certified by the Registrar (Computers) and parties who are present before Court having admitted the contents of compromise petition and both parties having been identified by their respective learned Advocates appearing for them, this Court finds that there is no impediment to accept the compromise petition. That apart, compromise petition is also duly verified by a verifying affidavit filed by both parties. For this reason also, this Court finds there is no impediment to accept the compromise petition.
4. However, the fact remains that two M.C.Petitions namely, M.C.No.4036/2015 and 4072/2015 filed by petitioner and respondent respectively under Section 13(1)(1a) and 1(b) of the Hindu Marriage Act, 1955 is pending before Principal Judge, Family Court, Bengaluru. In other words, a decree dissolving the marriage solemnised between the parties requires to be passed and drawn namely, marriage which came to be solemnised on 02.12.2001 at Gurudwara, Ulsoor Lake, Bangalore and registered in 8 the office of Sub-Registrar, Shivajinagar in No.102/2002 dated 07.03.2002.
5. In the light of parties having entered into a settlement and having agreed for dissolution of their marriage, which is also reiterated by them before Registrar (Computers) and also before this Court, the only step which will have to be taken by the Principal Judge, Family Court is to pass a decree by receiving the memo in this regard that would be filed by both the parties jointly and taking into consideration the compromise petition already filed before this Court which has been accepted and accordingly, direction is issued to the jurisdictional trial Court before whom the M.C. Petitions above referred to are pending.
6. It has been agreed between the parties that petitioner herein (husband) would pay a sum of Rs.57,50,000/- namely, Rs.56 lakhs by way of two demand drafts and balance of Rs.1,50,000/- by cash, the receipt of which is acknowledged before this Court by respondent herein. Two demand drafts for Rs.56 9 lakhs which is filed along with the compromise petition is ordered to be kept in the safe custody of Registrar (Judicial) and on matter being reported before Principal Judge, Family Court, Bangalore in M.C.Nos.4072/2015 and 4036/2015 and order passed thereon by Family Court as directed hereinabove, respondent herein would be at liberty to receive the above referred demand drafts which are now ordered to be kept in the safe custody. Respondent has also agreed under the compromise petition filed today that she would also file an affidavit for having withdrawn O.S.No.9595/2015 pending before City Civil Court, Bangalore, which suit has been filed by her daughter and respondent being Power of Attorney holder shall present a memo for withdrawal of the suit enclosing a copy of the compromise petition filed today.
With these observations, I proceed to pass the following:
ORDER Writ petition stands disposed of by recording the terms set out in the compromise petition. If for any reason, parties were to have any doubt or difficulty in 10 implementing the order passed by this Court, they are at liberty to file appropriate application seeking such clarifications as they deem fit.
Ordered accordingly.
SD/-
JUDGE *sp