Allowed

Mrs Ayesha Bhanu v. Mr Abdul Mujeeb

Karnataka HC8 Oct 2020MFA/116/2019

Case brief

AI extract

What is this about?

High Court allowed the appeal filed by the wife against the Family Court's divorce decree. The court accepted a joint memo and affidavit confirming a mutual settlement where the husband paid maintenance to the parties. The Family Court judgment confirming the divorce was upheld.

What did the court decide?

Appeal disposed of per joint affidavit confirming settlement; Family Court decree confirming divorce confirmed.

Mrs Ayesha Bhanu Vs Mr Abdul Mujeeb — Maintenance and Alimony | Karnataka HC (2020)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 8^TH DAY OF OCTOBER, 2020

¶4

PRESENT

¶5

THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA

¶6

AND

¶7

THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

¶8

M.F.A.No.116 OF 2019 (FC)

¶9

BETWEEN:

¶10

Mrs. Ayesha Bhanu, Wife of Abdhul Mujeeb, Aged about 28 years, Daughter of late Tahir Shariff, At Abdhul Rehman Road, Rajiv Nagar, Mysuru.

¶11

Originally residing at:- #102, ‘C’ Block, Sathya nagar, Near A.R. Rehaman Masjidh, Udaya Giri, Mysuru, Pin – 570 019. … Appellant (By Sri.H.Malatesh, Advocate)

¶12

AND:

¶13

Mr. Abdul Mujeeb, Son of S.R. Abdhul Ghaffar, Aged about 32 years, Residing at #522, 9^th Cross Tank Road, N.R Mohalla, Mysuru. Pin:-570 008. … Respondent

¶14

(By Sri.A.M.Mujawar, Advocate)

¶15

¶16

This appeal is filed under Section 19(1) of the Family Court Act, against the Judgment and Decree dated 20.10.2018 passed on O.S.No.76/2016 on the file of the 2^nd Additional Principal Judge, Family Court, Mysuru, the suit is decreed hereby the marriage solemnized between the plaintiff and the defendant on 20.05.2012 at Southern Function Hall, N.R.Mohalla, Mysuru, is dissolved by a decree of divorce therein.

¶17

This appeal coming on for Orders this day, NAGARATHNA, J., delivered the following:

¶18

JUDGMENT

¶19

Sri A.M.Mujawar, learned counsel submits that he

¶20

has filed vakalatnama for the respondent and the same

¶21

may be taken on record.

¶22

Vakalatnama is taken on record. Office to show the name of Sri A.M.Mujawar as learned counsel for the respondent.

¶23

Learned counsel for the appellant as well as respondent submit that during the pendency of this appeal, there has been negotiated settlement arrived at between the parties and hence, the appeal may be

¶24

¶25

disposed of in terms of the joint memo filed by the parties.

¶26

This appeal is filed by the appellant/wife

¶27

assailing the correctness of the judgment passed in O.S.No.76/2016 filed by the respondent/husband dated 20.10.2018 by the II Additional Principal Judge, Family Court, Mysuru. In the said case, the respondent/husband has sought for dissolution of marriage which has been granted and the suit has been decreed. Consequently, the marriage between the parties which had taken place on 20.05.2012 at Southern Function Hall, N.R.Mohalla, Mysuru has been dissolved by a decree of divorce. Being aggrieved, the appellant/wife has preferred this appeal.

¶28

Learned counsel for the respective parties submitted that the appeal may be disposed in terms of the joint memo filed by the parties. The parties are also present through video conference from the office of the Sri H.Malatesh, learned counsel for the appellant along

¶29

¶30

with their respective counsel. They have been identified by their respective counsel.

¶31

When queried by this Court, the parties stated that they have indeed arrived at settlement. They further stated that they have arrived at a settlement on their own free volition without there being any coercion or any undue influence from any side. They further stated that their daughter Adiba Amber will be in the custody of the appellant/mother.

¶32

The appellant/wife stated that a sum of Rs.5,00,000/- is paid today by way of demand draft and a sum of Rs.2,00,000/- has already been paid in the name of the daughter - Adiba Amber by way of Post Office Savings Bank deposits under PPF scheme bearing No.4885253599. She stated that she has no claim whatsoever against the respondent/husband.

¶33

8. The respondent/husband also stated that he

¶34

is making the payment of Rs.5,00,000/- by way of

¶35

¶36

demand draft in the name of the appellant and therefore, they have agreed that the judgment and decree of the Family Court at Mysuru may be confirmed.

¶37

Learned counsel for the respondent is handing over the demand draft bearing No.193297 dated 02.09.2020 for a sum of Rs.5,00,000/- in favour of Smt. Ayesha Banu, the appellant herein drawn on Union Bank of India, Mysuru to the appellant. The appellant has acknowledges receipt of the same.

¶38

The joint affidavit is taken on record and it is

¶39

noted that it is signed by the respective parties, the same reads as under:

¶40

JOINT AFFIDAVIT

¶41

We, Mrs. Ayesha Banu, W/o. Abdul Mujeeb, Aged about 29 years, D/o Late Tahir Shariff, At Abdhul Rehman Road, Rajiv Nagar, Mysuru, Originally residing at:- #102, ‘C’ Block, Sathya Nagar near A.R.Rehaman Masjidh, Udaya Giri, Mysuru,

¶42

and

¶43

¶44

Mr.Abdul Mujeeb, S/o. S.R.Abdul Gaffar, aged about 38 years R/a # 522, 9^th Cross, Tank Road, N.R.Mohall, Mysuru do hereby solemnly affirm and state as follows:

¶45

We say that, the dispute between our self is comprised in the present of our elders.

¶46

We say that, as per the compromise, I, Mr. Abdul Mujeeb agreed to pay, permanent alimony as one tiem settlement of Rs.7,00,000/- (Rupees Seven Lakhs) to both mother and the child, i.e, Rs.5,00,000/- (Five Lakhs) to Mrs. Ayesha Banu, and Rs.2,00,000/- (Two lakhs) to the daughter Adiba Amber and the amount which is payable to Adiba Amber shall deposited in the Bank as FD, and having the mother of the child as nominee. Accordingly, the Abdul Mujeeb the respondent herein paying before Court Rs.5,00,000/- by way of DD in favour of Smt. Ayesha banu, bearing No.19329 dated 02-09-2020, drawn on Union Bank of India, Mysuru, further the respondent paid another Rs.2,00,000/- in favour of his Daugher Kumari. Adiba Amber, by way of deposing money in Post Office Savings Bank under PPF scheme, bearing No.4885253599.

¶47

We say that, in response to compromise, after receiving the amount as state above, I, Mrs. Ayesha Banu, is withdrawing the above said appeal bearing No. MFA.No.116/2019, and RPFC

¶48

¶49

No.41/2020,C.Misc.No.549/2017,C.Misc.No.240/20 19, pending on the file of High Court of Karnataka and the family court at Mysuru, and Dowry case and cases failed by both parties against each other in the court at Mysuru. Mr. Abdul Mujeeb also agreed to with draw his RPFC No.60/2019, and other cases pending before the Hon’ble High court of Karnataka, and other courts.

¶50

We both say that, after this compromise we will not interfere with the life of each others, and we have the right to lead our life without any disturbance from each other, as per the mutual compromise agreement dated 29-08-2020, and abide by the same.

¶51

We say that, after taking suggestions and discussions we both agreed to act as per the ‘Mutual agreement for Divorce and alimony’ dated 29-08-2020, which is enclosed along with this Affidavit.

¶52

What we stated above is true,

¶53

Identified by me: All this is true Sd/- Sd/Advocate Mysuru Deponent Sd/Deponent

¶54

Solemnly affirmed and signed before me, on this 14^th day of September, 2020. The contents of this

¶55

¶56

affidavit having been read over and explained to the deponent in Kannada/English/Urdu, a language known sto whom who appeared perfectly to understand the same and signed in my presence.”

¶57

We have perused the same.

¶58

On perusal of the same, we find that the terms and conditions mentioned therein are lawful and we do not find any legal impediment in accepting the same.

¶59

In this circumstance, this appeal is disposed

¶60

in terms of the joint affidavit filed by the parties. The judgment and decree of the II Additional Principal Judge, Family Court, Mysuru dated 20.10.2018 passed in O.S.No.76/2016 is confirmed. The marriage between the parties solemnized on 20.05.2012 at Southern Function Hall, N.R.Mohalla, Mysuru is dissolved as per the decree of the Family Court.

¶61

¶62

It is needless to observe that the demand

¶63

draft which has been handed over by the respondent to the appellant shall be encashable by the appellant.

¶64

It is also noted that cases filed by the respective parties before different Courts shall be withdrawn by them as stated in the joint affidavit.

¶65

Registry to draw up the decree in the

aforesaid terms.

Sd/JUDGE

Sd/JUDGE

KTY

Mrs Ayesha Bhanu v. Mr Abdul Mujeeb

Case brief

What is this about?

What did the court decide?

Mrs Ayesha Bhanu v. Mr Abdul Mujeeb

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

C. Munithimmareddy Vs M/S Terracon Projects

M/S Hindusthan Petroleum Vs Asha

Smt B S Nalini Vs Sri Arun Belle

Sri H S Mallikarjun Vs Management of Hms Education

Management of Hms Education Society Vs H. S. Mallikarjun

The Executive Engineer, (Electrical), Vs B.H.Shivanna