Karnataka High Court
Ms Geetha N vs Sri Ramachandra on 11 July, 2024
Author: K.Somashekar
Bench: K.Somashekar
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MFA No. 1739 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 1739 OF 2022 (FC)
BETWEEN:
MS GEETHA N
W/O RAMCHANDRA
D/O P NAGARAJU
AGED ABOUT 27 YEARS
R/AT GANGAMMA BUILDING
GOPALAPPA LAYOUT
NEAR SUVARNA STUDIO
PAPAREDDY PALYA
BANGALORE 560 072.
...APPELLANT
Digitally signed
by SUMATHY (BY SRI. T M VIJAYA KUMAR - ADVOCATE)
KANNAN
Location: High AND:
Court of
Karnataka SRI RAMACHANDRA
S/O M SHIVALINGE GOWDA
AGED ABOUT 35 YEARS
R/AT NO.38 1ST FLOOR
EJIPURA MAIN ROAD
VIVEKANAGAR POST
BANGALORE 560 047.
...RESPONDENT
(BY SRI.RAJAGOPALA NAIDU - ADVOCATE)
THIS MFA FILED UNDER SECTION 19(1) OF FAMILY
COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DT.28.01.2022 PASSED IN MC NO.4882/2015 ON THE
FILE OF THE I-ADDITIONAL PRL. JUDGE, FAMILY COURT,
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MFA No. 1739 of 2022
BENGALURU AND DISMISS THE PETITION OF THE PETITIONER
FOR DECREE OF DIVORCE AND ENHANCE MAINTAINANCE
FROM RS.8,000/- TO 25,000/- TOWARDS THE MAINTANANCE
OF THE WIFE (APPELLANT) AND SCHOOL GOING DAUGHTER.
THIS MFA, COMING ON FOR HEARING, THIS DAY,
K. SOMASHEKAR .J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is directed against the judgment and decree rendered by the I Addl.Prl.Judge, Family Court, Bengaluru in M.C.No.4882/2015 dated 28.01.2022 allowing the petition filed under Section 13(1)(i-a) of the Hindu Marriage Act. The marriage between the appellant and respondent came dissolved by decree of divorce. The petitioner therein was directed to pay a sum of Rs.8000/- p.m. to the respondent and her minor daughter towards their monthly maintenance. The said order is under challenge in this appeal.
2. Learned counsel Sri Vijaya Kumar T.M. for the appellant and learned counsel Sri Rajagopal Naidu for the respondent is present before the Court physically. The counsel for respondent files his vakalath before the Court and the same is taken on record.
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3. The appellant namely Ms.Geetha N and respondent namely Sri Ramachandra are present before the Court physically.
4. The matter was referred to the Karnataka Mediation Centre to explore the possibility of settlement through mediation. Accordingly, the parties to the proceedings appeared before the Mediation and have settled their dispute. The settlement report along with memorandum of agreement filed under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is placed before this Court. It is stated in the agreement that the appeal was referred to mediation by this Court so as to enable the parties to settle their dispute amicably. Accordingly, both the parties have resolved their dispute with certain terms and conditions. It is stated that the appellant and respondent have agreed out of their own free will and volition to confirm the decree of divorce passed by the I Addl.Family Court, Bengaluru in -4- NC: 2024:KHC:26621-DB MFA No. 1739 of 2022 MC.No.4882/2015 dated 28.02.2022 as binding on them. Further, it is stated that the appellant and respondent have agreed that the custody of their minor daughter Monika K.R. shall continue to be with the appellant/mother and she shall take care of the day to day needs and other needs of their minor daughter.
5. In para 6 of the agreement it is stated that respondent/husband has agreed to pay a sum of Rs.12,00,000/- towards permanent alimony/maintenance of the appellant and their minor daughter Monika aforesaid including education expenses, in full and final settlement and the appellant has agreed to the same. The said amount is paid by way of DD made in the name of appellant (i) bearing No.006018 dated 03.07.2024 drawn on HDFC Bank, Hosakerehalli Branch for a sum of Rs.6,00,000/- and (ii) bearing No.006019, dated 03.07.2024 drawn on HDFC Bank, Hosakerehalli Branch for a sum of Rs.6,00,000/-. Further, the respondent has agreed to pay a sum of Rs.2,00,000/- towards the -5- NC: 2024:KHC:26621-DB MFA No. 1739 of 2022 wedding expenses of their daughter. In view of the amicable settlement the appellant has agreed to withdraw the petitions in Crl.Misc.300/2017 pending before the I Addl.Family Court, Bengaluru under Section 125 of Cr.P.C. and Crl.Mis.94/2017 pending before the III MMTC, Bengaluru under Domestic Violence Act. Further, it is stated that they have already exchanged the respective jewellery, valuable articles and other personal belongings and there are no dues in this regard against either party. In view of the agreement entered into between the parties, they pray to dispose off the appeal, in terms of the settlement agreement by confirming the decree of divorce dated 28.02.2022 passed in M.C.No.4882/2015 on the file of I Addl.Prl.Judge, Family Court, Bengaluru.
6. On this day, the respondent in the presence of respective counsel has handed over the DDs amounting to Rs.12,00,000/- and appellant acknowledges receipt of the same. Keeping in view the submission made by the learned counsel for the parties and in terms of the -6- NC: 2024:KHC:26621-DB MFA No. 1739 of 2022 memorandum of agreement filed by the parties to proceedings, this appeal is hereby disposed of. Consequently, the decree of divorce rendered by the I Addl.Prl.Judge, Family Court, Bengaluru in M.C.No.4882/2015 dated 28.02.2022 is hereby confirmed.
Sd/-
JUDGE Sd/-
JUDGE DKB