Allowed

Mr. Yathiraj P R v. Sindushree (Lakshmi)

Karnataka HC12 Feb 2021MFA/6314/2016

Case brief

AI extract

What is this about?

The High Court disposed of this appeal filed under Section 19(1) of the Family Courts Act against a divorce decree. The parties mediated and reached a settlement. The Court accepted the agreement and dissolved the marriage by decree of divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955.

What did the court decide?

Dissolved the marriage by decree of divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955.

Mr. Yathiraj P R Vs Sindushree (Lakshmi) — Matrimonial and Divorce | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 12^TH 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.6314/2016 (FC)

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BETWEEN:

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MR. YATHIRAJ .P.R S/O. RAMALINGAPPA, AGED ABOUT 30 YEARS, RESIDING AT PANDITHANAHALLI VILLAGE, HIREHALLI POST, URDIGERE HOBLI, TUMAKURU TALUK AND DISTRICT. ... APPELLANT

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(BY SRI. SUDARSHAN SURESH, ADVOCATE)

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AND:

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SINDUSHREE (LAKSHMI) W/O. YATHIRAJU .P.R D/O. NAGARAJU AGED ABOUT 30 YEARS, R/AT NO.91, 1^ST CROSS 1^ST MAIN, 1^ST STAGE GRUHALAKSHMI LAYOUT, KRISHNA ROAD, BASAVESHWARANAGARA, BENGALURU - 560 050. ... RESPONDENT

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(BY SRI. KEERTHI PRASAD D.C., ADVOCATE)

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THIS M.F.A. IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED: 21.06.2016 PASSED IN M.C.NO.19/2016 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, TUMKUR, DISMISSING THE

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PETITION FILED UNDER SECTION 13(1)(ia) OF HINDU MARRIAGE ACT, FOR DECREE OF DIVORCE.

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

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J U D G M E N T

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This appeal is filed by the husband, assailing the correctness of the judgment passed in M.C.No.19/2016 filed by the appellant 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 his marriage with the respondent by a decree of divorce. The said petition was not contested by the respondent/wife and she was placed ex parte before the Family Court. On recording the evidence of the appellant/husband, who tendered evidence as PW.1 and produced four documents as Exs.P-1 to P-4, the Family Court raised the points for consideration and on appreciation of the evidence, dismissed the petition. Being aggrieved, the husband has preferred this appeal.

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During the pendency of this appeal, on 14/10/2020, this Court passed an order directing the parties to appear before the Bangalore Mediation Centre

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on 24/10/2020 at 11.30 a.m. in order to explore the possibility of a settlement in the matter.

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Today, learned counsel for the respective parties, in the presence of the parties submitted that the parties have mediated the disputes and there is a settlement. The memorandum of agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 has been signed and filed and the same is placed on record. That the appeal may be disposed in terms of the settlement arrived at between the parties.

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The parties are present before this Court.

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They have been identified by their respective counsel.

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When queried by this Court, they stated that they have, indeed, a settlement through mediation and the memorandum of agreement has been signed by their own free volition without there being any coercion or undue influence from any side. They stated that the appeal could be disposed of in terms of the memorandum of agreement, which has been submitted by the Bangalore Mediation Centre and which is on the file of this Court.

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6. Learned counsel for the respective parties

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submitted that they were married on 24/05/2012 at Siddaganga Mutt, Kyatasandra, Tumakuru, and they lived together only for six months and they have not been residing together and there is no possibility of any reconciliation and cohabitation together. Therefore, the appeal may be disposed of in terms of the mediation agreement, which is placed on record.

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7. Learned counsel for the appellant submitted

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that the appellant is paying a sum of Rs.20,50,000/(Rupees twenty lakh and fifty thousand only) to the respondent/wife by way of three demand drafts, all dated 11/02/2021, drawn on Bank of Baroda, Tumakuru main, Tumakuru, in favour of respondent-Sindhushree, the details of which are as under:

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(i) Demand draft bearing No.225026 for Rs. 9,00,000/-

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(ii) Demand draft bearing No.225027 for Rs. 9,00,000/-

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(iii) Demand draft bearing No.225028 for Rs. 2,50,000/-

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The aforesaid demand drafts are handed over by learned counsel for the appellant/husband to learned counsel for the respondent/wife, who has in turn handed

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over the same to the respondent and she acknowledges receipt of the same.

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It is pointed out that the name of the respondent is "Sindhushree", but in the demand drafts it has been written as "Sindushree". There is no doubt that these three demand drafts have been drawn in the name of the respondent/wife only and hence, there would be no impediment in encashment of the said demand drafts. The appellant submits that the respondent could encash the demand drafts.

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The aforesaid amount is paid towards full and final settlement of the claims by the respondent on the appellant, including that of maintenance and permanent alimony.

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Learned counsel for the respondent submits that she would withdraw DVA.No.21/2017 pending on the file of the Principal Civil Judge and JMFC, Tumakuru and she would give up all her claims in that case including arrears of maintenance.

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In the circumstances, the memorandum of agreement is taken on record and perused. It is noted that it is signed by the respondent as well as their counsel.

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The same reads as under:

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"MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

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The parties above named beg to submit as follows:

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I. The Appellant has preferred the above appeal against the judgment and decree dated 21-06-2016 in MC No.19 of 2016 on the file of the Principal Judge Family Court at Tumakuru.

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II. The said case was referred to mediation as per the order of the Hon'ble High Court of Karnataka at Bengaluru. The Appellant and Respondent along with their respective counsel participated in online mediation. During the video conference mediation, the parties have resolved their disputes and have agreed to the following terms and conditions:

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1. The Appellant and Respondent are husband and wife and their marriage was solemnized as per Hindu law and customs on 24-052012 at Sri. Shivayogi Samudaya Bhavan, Siddaganga Mutt, Kyathasandra, Tumkuru.

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1. The appellant and Respondent admit and agree that due to irreconcilable differences and incompatibility of temperaments they are residing separately since December 2012. Both the parties agree that it is not possible for them to reside together and that there is no chance for reconciliation.

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1. The Respondent has also agreed to obtain a decree of divorce and she also prays along with the Appellant that this Hon'ble Court may be pleased to grant the Appellant and Respondent a decree of divorce.

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1. The Appellant and Respondent admit and agree that they have no children born to them in this wedlock.

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1. The Appellant has offered to pay a lump sum amount of Rupees 20,50,000- (Rupees Twenty lakhs and fifty thousand only) to the Respondent towards all her claims including of maintenance and alimony. The Respondent has agreed to receive lump

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sum amount of Rupees 20,50,000- (Rupees Twenty lakhs and fifty thousand only) to the Respondent towards all her claims including maintenance and alimony.

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1. The above said amount of Rupees 20,50,000- (Rupees Twenty lakhs and fifty thousand only) will be handed over to the Respondent by way of DD on 15-02-2021 in the name of the Respondent on the date of appearance of the parties before the Hon'ble High Court and the Respondent has agreed to receive the amount before the Hon'ble High Court.

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1. In view of the above settlement the Respondent agrees that she will withdraw the case DVA No.21 of 2017 on the file of the Hon'ble Principal Civil Judge and JMFC, Tumakuru and that she gives up her claim for maintenance in the above case and agrees that the above said amount includes her claim for arrears of maintenance in DVA No.21 of 2017.

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1. The Appellant and Respondent have no claims whatsoever against each other regarding maintenance past, present or future or against any other moveable property.

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1. The Appellant and Respondent admit and agree that they have no claims whatsoever on the immoveable properties or assets if any that either of them may be holding or that they may acquire or inherit in future.

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1. In view of the above settlement between the parties, both of them withdraw all allegations made against each other in the above cases and drop all proceedings against each other and live in peace and shall not interfere in each other's life in future.

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1. The Appellant and Respondent have no objections to dispose the appeal by modifying the judgment and decree and grant them a decree of divorce by way of mutual consent.

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III. In view of the aforesaid agreement entered into between the parties, both the parties humbly pray that this Hon'ble Court may be pleased to dissolve the marriage solemnized on 24-05-2012 at Shivayogi Samudaya Bhavan, Siddaganga Mutt, Tumkuru and pass suitable order as this Hon'ble court deems fit under the facts and circumstances as per the agreed terms.

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IV. Parties will appear before the Hon'ble High Court of Karnataka at Benagaluru for reporting settlement and requesting the Hon'ble High Court for passing appropriate orders/decree, in terms of the above said agreement.

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Yethiraj P.R. Sindushree (Lakshmi) Appellant Respondent

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Advocate for Advocate for Appellant Respondent

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VERIFICATION

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We, the parties above named do solemnly state and declare that what is contained in paragraphs I to IV as read through video conference are true to the best of our knowledge, information and belief and assenting to the same we have signed the scanned copy of the agreement that was sent by the Bangalore Mediation centre as it is.

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Yethiraj P.R. Sindushree (Lakshmi) Appellant Respondent"

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We have perused the terms of the

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agreement/settlement. On perusal of the same, we find them to be lawful. We do not find any impediment in

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accepting the same. It is noted that the parties have agreed to dissolve their marriage by way of a decree of divorce by mutual consent.

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In the circumstances, the marriage between the parties, which was solemnized on 24/05/2012 at Siddaganga Mutt, Kyatasandra, Tumakuru, is dissolved by

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a decree of divorce by mutual consent as per Section 13B(1) of the Act. Appeal is disposed of.

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Registry to draw up a decree in the aforesaid

terms.

Sd/JUDGE

Sd/JUDGE

Mr. Yathiraj P R v. Sindushree (Lakshmi)

Case brief

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Mr. Yathiraj P R v. Sindushree (Lakshmi)

Case brief

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