Partly allowed

Sri Suresh Ram Chaurasia v. Smt Manushree

Karnataka HC3 Feb 2021MFA/4444/2014

Case brief

AI extract

What is this about?

The High Court disposed of the husband's appeal against a Family Court divorce decree accepted a joint compromise petition. The Court affirmed the divorce, modified the alimony amount to a settled sum, and recorded custody and visitation terms.

What did the court decide?

Appeal disposed based on compromise; divorce decree affirmed; alimony modified to Rs.7,00,000 as full settlement; custody and visitation terms recorded.

Sri Suresh Ram Chaurasia Vs Smt Manushree — Child Custody and Guardianship | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 3^RD DAY OF FEBRUARY, 2021

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PRESENT

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

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AND

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THE HON’BLE MRS. JUSTICE M.G. UMA

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M.F.A. No.4444/2014 (FC)

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BETWEEN:

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SRI. SURESH RAM CHAURASIA, AGED ABOUT 34 YEARS, S/O. DEENANATH RAM CHAURASIA, RESIDING AT NO.8, NAGARESHWARA NAGENAHALLI, K.R.PURAM HOBLI, BENGALURU - 560 037. ... APPELLANT

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(BY SRI. RAVISHANKAR T.P., ADVOCATE)

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AND:

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SMT. MANUSHREE, AGED ABOUT 34 YEARS, W/O. SRI.SURESH RAM CHAURASIA, PRESENTLY RESIDING AT C/O KUMAR ABHINAV, BLOCK-D-1906, BRIGADE METROPOLIS, WHITE FIELD ROAD, NEXT TO HONDA SERVICE CENTER, BENGALURU - 560 046. ... RESPONDENT

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(BY SMT. KAVERI P. CHINCHOLI, ADVOCATE)

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THIS M.F.A. IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED: 02.04.2014 PASSED IN M.C.NO.2706/2011 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, FOR DIVORCE.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-

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J U D G M E N T

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Though this appeal is listed to hear certain interlocutory applications, learned counsel for the respective parties submitted that a joint compromise petition has been filed by the parties and the appeal could be disposed of in terms of the compromise arrived at between the parties.

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This appeal is filed by the appellant/husband assailing the judgment and decree granted by the V Additional Principal Judge, Family Court, Bengaluru, dated 02/04/2014, in M.C.No.2706/2011, which was filed by the respondent/wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for the sake of brevity) seeking dissolution of marriage by a decree of divorce. The said petition was contested by the appellant/husband. The Family Court has allowed the said petition and the marriage between the parties solemnized on 14/02/2009 at Fun Point Resorts, Mahatma Gandhi Setu Road, Hajipur, Vaishali, Bihar, has been dissolved by a decree of divorce. The husband was directed to pay permanent alimony of Rs.15,00,000/- (Rupees fifteen lakh only) to the respondent/wife towards maintenance and educational expenses of the minor child, Shaurya, born on

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09/12/2009, within a period of three months from the date of decree. Being aggrieved the husband has preferred this appeal.

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As already noted, learned counsel for the respective parties drew our attention to the joint compromise petition filed by the parties and they submitted that the appeal may be disposed of in terms of the said settlement arrived at between the parties.

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Appellant's counsel submitted that the appellant would not press this appeal and has reconciled to the decree of divorce granted by the Family Court at Bengaluru. That the appellant has already paid a sum of Rs.7,00,000/- (Rupees seven lakh only) to the respondent/ wife by demand draft bearing No.500195, drawn on ICICI Bank, M.G.Road Branch, Bengaluru, dated 21/01/2021. Respondent's counsel acknowledged the receipt of the same. It has also been agreed between the parties that the care and custody of the minor child, Shaurya Chaurasia would be with the respondent/wife until he attains the age of majority and the appellant has agreed to aid the educational expenses of the child and there are

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other terms regarding visitation rights reserved for the appellant.

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Learned counsel for the respective parties submitted that the appeal may be accordingly disposed.

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The parties are present before this Court. They have been identified by their respective counsel.

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When queried by this Court, they submitted that they have decided to settle the matter in terms of the compromise arrived at between them which are delienated in the joint compromise petition. They further stated that they have arrived at a settlement on their own and free volition without there being any coercion or undue influence from any side. They stated that they are agreeable to the settlement and shall abide by the terms of the compromise.

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The joint compromise petition is taken on record and it is noted that the same is signed by the respective parties and their counsel and also verified by the parties. The same reads as under:

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"JOINT COMPROMISE PETITION

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The appellant and the respondent most respectfully submit as follows:

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It is submitted that the Appellant being aggrieved by the Judgment passed by the learned V Additional Principal Judge, Family Court at Bangalore in M.C.No.2706/2011 on 02.04.2014 has preferred this appeal challenging the same.

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The Respondent herein has filed petition seeking decree of divorce before the Court below to dissolve the marriage simonized with the Appellant herein on 14.02.2009 at Hajipur, Vaishali, Bihar as per Hindu rites and customs on the allegation of cruelty.

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The learned V Additional Principal Family Judge at Bangalore, was pleased to allow the petition filed by the Respondent by granting decree of divorce dissolving the marriage solemnized on 14.02.2009 at Fun Point Resorts, Mahatma Gandhi Setu Road, Hajipur, Vaishali, Bihar and further was pleased to grant a sum of Rs.15,00,000/- to the Respondent-wife and also towards maintenance and educational expenses of the minor child with direction to pay the same within the three months from the date of decree.

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It is submitted that at the intervention of respective family members of the parties and well wishers, the parties to this petition have amicably settled the dispute on the terms and conditions mentioned herein below.

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TERMS AND CONDITIONS

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The appellant and respondent submits that, since they could not reconcile the issue between them and have opted for divorce as per judgment of decree of divorce passed by the learned V Additional Principal Judge, Family Court at Bangalore in M.C.No.2706/2011 on 02.04.2014, by dissolving their marriage solemnized on 14.02.2009 at Fun Point Resorts, Mahatma Gandhi Setu Road, Hajipur, Vaishali, Bihar, accordingly the appellant herein has agreed to withdraw the above appeal.

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The appellant has agreed and paid a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) to the respondent towards the permanent alimony as full and final settlement amount by way of Demand Draft bearing No.500195, drawn on ICICI Bank, M.G. Road

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Branch, dated 21.01.2021, on this day, and the respondent has agreed for the aforesaid amount as full and final settlement amount towards her permanent alimony and further acknowledges the receipt of the above Demand Draft.

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It is been agreed between the parties herein that care and custody of the minor child namely Shaurya Chaurasia with the respondent herein till attaining majority.

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The appellant has agreed to for paying the educational expenses (inclusive of transportation fee) of a minor child namely Shaurya Chaurasia who is studying in 5th Standard at Gopalan National School, Doddanekundi, Mahadevapura, Bengalulru and also agreed to pay the educational expenses till completion of Graduation/Degree from any University in India. And further the appellant has agreed to share with the respondent the hard copy/soft copy of Fee receipts for her reference.

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The respondent has agreed for the visitation rights of the appellant to visit his minor son Shaurya Chaurasia on all school holidays however, the day, time, duration and place of visitation shall be agreed mutually by both parties much prior to the visitation. Once both parties agreed on the visitation, respondent has no objection towards the appellant having custody of the minor son Shaurya Chaurasia during his school vacations. Furthermore, both parties have agreed upon the visitation of the Appellant on two weekends (Saturday and Sunday) of every month (it could be consecutive weekends or alternative weekends).

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The appellant and the respondent have agreed that they do not disturb in any manner in futures life and do not have any claim of whatsoever nature of either personal or property both moveable and immoveable.

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The parties do not have any claim of whatsoever nature against each other and nothing to be given and taken between the parties apart from the above settlement amount as stated supra and all the belongings have already exchanged between them.

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The respondent has agreed that not to indulge in filing any cases, complaints or petitions against the appellant herein personally and property either on moveable or immoveable.

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WHEREFORE, the appellant and the respondent most respectfully pray that this Hon'ble Court be pleased to grant the decree of divorce, in terms of this joint compromise petition, in the interest of justice and equity.

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VERIFICATION

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We, Suresh Ram Chaurasia and Manushree, the appellant and respondent herein do hereby declare and verify that the above contents are true and correct to the best of our knowledge, information and belief.

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We have perused the terms and we find that they are lawful and there is no legal impediment to accept the same. Hence, the appeal is disposed of in terms of the settlement arrived at between the parties. The judgment and decree of the Family Court impugned in this appeal stands affirmed with regard to the dissolution of marriage by a decree of divorce.

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The direction with regard to payment of permanent alimony issued by the Family Court stands modified by this settlement arrived at between the parties.

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The registry to draw up a decree in the aforesaid terms.

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In view of the disposal of the appeal, all pending applications stand disposed.

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Sd/JUDGE

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Sd/JUDGE

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Sri Suresh Ram Chaurasia v. Smt Manushree

Case brief

What is this about?

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Sri Suresh Ram Chaurasia v. Smt Manushree

Case brief

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